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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. The pertinent Plaintiff of the parties became aware of the Defendant and D in the course of transferring the said company as a representative director of the company C.
The Defendant was working as the representative director of E Co., Ltd. (hereinafter “E”), and the “F” was also working for the personal business from January 13, 1995 to December 31, 2012.
B. In around 2006, the Defendant entered into a contract for the purchase and sale of shares with the management right of H (hereinafter “H”) of H (hereinafter “H”) as the purchase price of KRW 7.38 billion (3 billion at the time of the contract, KRW 30 million at the time of the completion of due diligence, KRW 1.5 billion at the time of the intermediate payment, and KRW 1.5 billion at the time of the intermediate payment contract, KRW 1 billion at the time of the completion of due diligence, and the remainder of treasury shares, July 14, 2006).
C. On June 20, 2006, the Defendant prepared a written agreement with the Plaintiff on June 20, 2006 (hereinafter “instant agreement”), and received KRW 50 million from the Plaintiff on June 20, 2006, and KRW 1 billion on June 28, 2006, respectively.
A: Plaintiff A and Defendant B: The monetary lending and lending and lending of Article 1 to Defendant B would lend KRW 50 million on June 20, 2006 and KRW 1 billion on June 26, 2006 in acquiring management rights of H.
Section 2(1) A retains the right to claim sale of the shares to be acquired in the process of acquiring H with respect to the shares to be acquired in the course of acquiring H. A retains the right to claim sale of the shares equivalent to one billion won at the same price acquired by B. (2) A retains the right to claim sale of the preemptive right equivalent to five hundred million won at the same price acquired by B in the course of acquiring H.
3) The period of exercise is from the date of conclusion of this Agreement to December 23, 2006. 5) A is not exercised during the period of exercise and the notice demanding the repayment of the loan under Article 1 is given in writing.