beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant B’s acquisition of the shares of D Co., Ltd. 1) D Co., Ltd. (hereinafter “D”).
On June 12, 1985, the company was established for the purpose of running a route passenger transport business, etc., and issued 40,000 shares (10,000 shares per share). 2) E owns all the shares issued D and takes charge of the representative director. Around September 2007, the company transferred the entire D shares to F. F without completing the transfer process of ownership following the transfer of shares. The company suggested F to give up D's acceptance and take over the shares and management rights of D with the Defendant B.
3) On January 4, 2008, Defendant B proposed that the Plaintiff acquire D shares jointly with the Plaintiff. The Plaintiff and Defendant B shared 50% of the share acquisition price on the same terms and conditions as the profits, etc., but agreed that Defendant B shall be responsible for the management of the representative director, Defendant B shall allocate 51% of the shares to the Plaintiff, and the Plaintiff shall allocate 49% of the shares to the Plaintiff. 4) Defendant B entered into a share acquisition agreement with F on January 8, 2008, with which the share acquisition price would be 3.45 billion won and the share acquisition price would be 3.45 billion won after a subsequent consultation between Defendant B and F to add financial expenses, etc.
5) Accordingly, Defendant B paid the F the down payment of KRW 1 billion on the date of the contract (Defendant B’s KRW 700 million on the date of the contract) and the intermediate payment of KRW 1 billion (Defendant B KRW 500 million on January 21, 2008 (Defendant B’s KRW 500 million on the date of the contract) respectively. Defendant B paid KRW 39 billion on February 18, 2008 and KRW 80 million on February 20, 2008, respectively, with the money remitted from the Plaintiff to F on the pretext of the transfer payment. In addition, Defendant B paid KRW 1 billion on February 20, 2008, Osung Mutual Savings Bank (hereinafter “Osung Mutual Savings Bank”).
From itself, KRW 300,000, KRW 500,000 in its name, and KRW 200,000 were loaned from the above bank on the same day and paid KRW 1 billion in total to F.