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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On July 6, 2016, the Plaintiff prepared a share acquisition agreement between the Defendant and the Defendant with the content that the Defendant purchases 80 million shares of a stock company D (hereinafter “A”) holding in the name of Nonparty C at KRW 60 million.
B. On January 3, 2017, the Plaintiff prepared a share acquisition agreement with E Co., Ltd. (hereinafter referred to as “E”) to acquire 112 shares per share of 446,428.6 won per share, which is issued by the Securities and Exchange Co., Ltd. E.
(The purpose of this Agreement is to enter into this Agreement with a view to binding on July 6, 2016 with respect to the agreement (hereinafter referred to as “D agreement”) to which the Plaintiff has acquired the shares issued by the Plaintiff (hereinafter referred to as “E agreement”) by a capital increase resolution of January 3, 2017 and the agreement (hereinafter referred to as “D agreement”).
(The main text of the contract) Article 1 (Investment Facts) The Plaintiff executed investment as follows.
1. In relation to E contracts, 50,000 won was invested, and 112 shares corresponding thereto were accepted, and followed, the last 10,080 shares was accepted through a person who had continued to do so.
2. The amount of KRW 60,000,000 was invested in connection with D Contract and C acquired 8,000 shares from C.
3. On January 15, 2017, the Plaintiff borrowed 390,000,000 to the Defendant, and the Defendant provided the Plaintiff with security.
Article 2 (Defendant's Security) The Defendant, as a security for the amount borrowed from the Plaintiff, provided H lending G as security in Gangnam-gu Seoul Metropolitan Government F, and created a collateral security.
Article 3 (Contents of Agreement) The defendant shall agree with the plaintiff as follows:
1. The plaintiff may demand, at any time, the defendant to pay 5,040 shares of the E in relation to the contract.
(c) this share constitutes shares of 2.5 per cent of the total issued shares at present after capital increase without compensation.
2. In relation to D Contract, 8,000 shares of D accepted by the Plaintiff may be sold to a third party at any time under mutual agreement with the Defendant.