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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a stock company that engages in the development, manufacture, and sales of reagents, instruments, equipment, etc. related to life science. Nonparty C was appointed as the Defendant’s joint representative director on January 9, 2014, and was registered as the Defendant’s joint representative director on January 23, 2014, and retired from the joint representative director on March 10, 2017.
B. The total number of shares issued by the Defendant was 5,867,761 shares as of December 31, 2015; C was 600,00 shares; D’s 23,820 shares; and other personal investors, corporate investors, and institutional investors, such as E, etc., owned the remaining shares of the Defendant.
A summary of the accounts: A 125,000 shares in the B-U.S. Co., Ltd.: A purchaser of B-U.S.
1. The above-mentioned persons agreed to sell not less than 125,000 non-listed shares B to 512,500,000 won
C. The buyer transfers KRW 200,000,000 to the seller’s account on March 30, 2016, and the seller transfers shares to the buyer on May 3, 2016.
Any balance 312,50,000 won shall be transferred to July 3, 2016.
3. The side which violates the above matters shall compensate for the amount double the down payment as penalty.
4.The buyer shall serve as the good interest of the seller in managing the shares above.
5. All legal acts upon occurrence of a dispute shall be done by the court having the jurisdiction of the buyer.
On March 30, 2016: The seller: B representative director C: the plaintiff.
C. On April 28, 2016, the Plaintiff prepared a contract with the following contents (hereinafter “instant contract”) and sent it to C. Accordingly, C signed the Defendant’s seal impression on April 29, 2016 in the seller’s column at the lower part of the contract and sent it to the Plaintiff.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3 evidence, Eul 1 and 2 evidence (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s summary of the Plaintiff’s assertion paid KRW 200,000,00 according to the instant contract, but the Defendant’s shares up to May 3, 2016 as stipulated in the said contract.