beta
Text
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
Reasons
The summary of the plaintiff's assertion on the claim of this lawsuit is that the plaintiff is the representative director of D Co., Ltd. (hereinafter "the company of this case") and the shareholders holding 100,000 shares of 10,000 shares for total issuance of the company of this case, and the plaintiff transferred 70,000 shares out of 10,00 shares for shares owned by the plaintiff to E, F, G and defendant C around July 2009.
On November 23, 2010, the Plaintiff maintained the position of representative director of the instant company even after the said transfer, and sold 30,000 shares of the remaining shares owned by the Plaintiff to the Defendants at KRW 700 million. At the same time, the Plaintiff agreed to receive reimbursement of KRW 100,000,000 invested in the instant company by February 28, 201, while performing the representative director office of the instant company, and the Plaintiff drafted a written agreement (Evidence A No. 4, hereinafter “the instant agreement”).
Nevertheless, the Defendants did not pay the agreed amount of KRW 100 million up to the date under the agreement of this case. The Defendants are jointly and severally liable to pay the agreed amount of KRW 100 million and damages for delay.
① Defendant C did not participate in the transfer of shares of the Plaintiff and the preparation of the instant agreement, and the stamp image affixed by the Defendant C’s name is either affixed by the seal of the Defendant C, or affixed at will by the Defendant B, and thus, it is not admissible as to Defendant C. ② The person who actually received the shares of the instant company from the Plaintiff is H, and Defendant C lent the name of the Defendant C, which is himself and herself, to H upon the request of H, and affixed a seal on the instant agreement. However, although the shares price stated in the instant agreement and KRW 100 million of the Plaintiff’s price are paid to H, the Plaintiff cannot respond to the Plaintiff’s request.
Judgment as to the claim against Defendant C.