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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 - On January 20, 2016, the Plaintiff purchased 5,000 shares per share of C Co., Ltd. (hereinafter “C”) issued by the Defendant (hereinafter “instant shares”) from the Defendant (hereinafter “C”), and purchased 20,000 shares per share. -
However, around October 2016, the market price of the instant shares was less than 20,000 won per share.
[Reasons for Recognition] Facts without dispute, purport of whole pleading
2. The assertion and judgment
A. When the Defendant alleged the cause of the claim sells the instant shares to the Plaintiff, the Defendant agreed to pay and recover the said shares by adding legal interest at KRW 100,000 for each share amount to KRW 60,000 per share until October 2016, if the instant shares were to be sold to the Plaintiff at the latest. If the transaction amount per share up to October 2016 does not exceed KRW 20,000 per share, the Defendant agreed to pay and recover the said shares by adding legal interest at KRW 100,000 for shares received from the Plaintiff.
(C) The Plaintiff’s purchase price of the instant shares was KRW 100,000,00,000 and the legal interest thereon was paid from November 1, 2016 to the Plaintiff pursuant to the instant repurchase agreement.
B. The following circumstances, which can be acknowledged by comprehensively taking into account the witness D’s partial testimony and Eul’s evidence No. 2, that is, making an agreement as alleged by the Plaintiff at the time of selling shares, i.e., the Plaintiff and the Defendant, and there was no written document to prove the repurchase agreement between the Plaintiff and the Defendant. The Defendant appears to have raised the price of C’s shares and recommended the Plaintiff to purchase the instant shares, and also purchased C’s shares additionally. However, there is no special circumstance to sell the instant shares even when concluding the repurchase agreement which generates legal effect beyond the expression of expectation or conviction of the share price increase.