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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) An in-house director, the Plaintiff’s representative, and the Defendant was appointed on September 1, 2014, and resigned on February 7, 2018. ② C was appointed on February 7, 2018, but resigned on January 7, 2019. ③ D, the spouse of C, was appointed on January 7, 2019. 2) D was the Plaintiff’s accounting director at the time when C works as the Plaintiff’s representative.
B. The actual purpose of this Agreement is to conclude a share transfer contract (hereinafter referred to as “this Agreement”): The Defendant’s transfer all of the Plaintiff’s shares and management rights to C, and C shall acquire all of them.
The actual contents of the tax accounts are as follows: (a) - Total amount of KRW 430 million - Total amount of KRW 200 million : KRW 400 million - Total amount of KRW 300 million - Total amount of KRW 110 million out of the Defendant’s forest recovery expenses - Transfer of KRW 153,194,356 E Bank obligations - Transfer of KRW 2500 tons (including KRW 62,500,000), KRW 450 tons (including KRW 90,000), total amount of KRW 10 million - total amount of KRW 100,000 - total amount of KRW 40,000 - total amount of KRW 40,000 - total amount of KRW 40,000,000,000 out of KRW 10,000,000,000 (total amount of KRW 82,384,214) - Patent & 2, G (C).
The actual contents of the contract - the seller shall be liable for the amount different from the contents of the contract as of the contract date, and the buyer (C) shall be liable for the amount incurred after the contract date.
On January 9, 2018, the Defendant transferred 20,000 shares of general shares issued by the Plaintiff to C = 8700 shares under the Defendant’s name of 8,700 shares = 4,100 shares and the Plaintiff’s management right of KRW 430,00 won. The main contents are as follows.
C. (1) From the end of October 2017, C consulted with the Defendant to conclude this contract. During that process, C confirmed the Plaintiff’s financial statements, such as the Plaintiff’s statement of accounts, financial statements, and documents related to the transfer and takeover, and consulted on the acquisition price based on the details of the Plaintiff’s assets, liabilities, capital, etc.