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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 1, 2009, the Plaintiff transferred the management right of C Co., Ltd. (hereinafter “C”) and 4,200 shares of the Plaintiff’s C shares to the Defendant, and the transfer proceeds were based on the balance sheet as shown in the attached sheet prepared by C as the Plaintiff’s husband, which was the actual owner of C’s actual inspection (hereinafter “the balance sheet of this case”). Based on the result, the Defendant agreed to make a settlement by agreement between the Plaintiff and the Defendant (hereinafter “the instant transfer contract”), and the transfer proceeds to be settled and paid by the Defendant as above.
B. On February 4, 2009, the Plaintiff transferred 4,200 shares out of the Plaintiff’s shares to the Defendant pursuant to the instant contract, and around February 6, 2009, G, a representative director of the Defendant, was appointed as C and operated as C’s internal director.
C. Around February 2009 or around March 2, 2009, pursuant to the instant contract, the Defendant inspected the inventory of containers and burners, pipes construction amount, and credit account receivables, and the quantity and amount are less than the quantity and amount stated in the instant balance sheet.
On June 2010, the Plaintiff additionally transferred 1500 shares of the remainder C, which the Plaintiff possessed, to the Defendant as early as possible.
E. On June 3, 2010, the Defendant paid to the Plaintiff a promissory note of KRW 50 million under the name of acquisition price of stocks and management rights (payment date July 31, 2010), and remitted KRW 55 million to the bank account in the name of the Plaintiff on June 7, 2010.
[Ground of recognition] without any dispute, Gap's evidence 1, 2, and 3 (including Serial number; hereinafter the same shall apply), Eul's evidence 2, 3, and 4, witness H, I's testimony, witness E's testimony, part of witness E's testimony, and the purport of whole pleading
2. The parties' assertion
A. When the Plaintiff transferred the shares and the right of management to the Defendant, the net asset value after deducting the liabilities from the assets in the balance sheet C is worth KRW 774,692,00.