1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) is a company established on October 26, 2016 for the purpose of biotechnology research and development business, and D is a member of the Nonparty Company as a director’s position around January 2017.

On September 27, 2017, the Defendant, the spouse of D, entered into a contract for capital increase and acquired shares listed in the attached list (hereinafter “instant shares”) in the amount of KRW 60,000,000,000, and agreed to transfer the instant shares to the non-party company as the price calculated by adding the amount calculated at an annual interest rate of 8% to the exercising price of the shares granted in the event of retirement within three years (hereinafter “instant agreement”).

D retired from a non-party company on July 31, 2018.

On August 17, 2018, Nonparty Company: (a) paid KRW 64,032,00,000,000, plus an annual interest of KRW 60,000,000 for share subscription price; and (b) requested the return of the instant shares, in accordance with the instant agreement.

D, however, on August 25, 2018, the Defendant rejected this and returned the said money as it is.

On January 2, 2019, Nonparty Company transferred to the Plaintiff, a representative director, the right to claim the return of the instant shares against the Defendant, and notified the Defendant on January 16, 2019.

[Ground of recognition] According to the facts of recognition as to Gap evidence Nos. 1 and 4, Gap evidence Nos. 5-1, 2, Gap evidence Nos. 6 and 7, Gap evidence Nos. 8-2, Gap evidence Nos. 9 through 12, and 21, and all of the arguments' grounds for claim, the defendant agreed to transfer the shares of this case again to the non-party company where D retires within three years from September 27, 2017, and Eul retired from office on July 31, 2018. The non-party company transferred the right to claim the return of shares against the defendant to the plaintiff and notified the defendant, barring any special circumstances, the defendant expressed his intention to transfer the shares of this case to the non-party company, and notified the non-party company of this fact.