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1. The instant lawsuit against the Defendant C by the Plaintiff (Counterclaim Defendant) shall be dismissed.
2. The plaintiff's counterclaim.
Reasons
1. Facts of recognition;
A. The status of the parties is that the Plaintiff was the former president of D Co., Ltd. (hereinafter “D”), and retired from office as the vice president on February 2001. Defendant B, E, F, G, H, and I were D employees. J is the former president, K is the wife of D, K is the Plaintiff’s wife, M is the Plaintiff’s wife, and Defendant C is the co-born of Defendant B.
B. Defendant B and E, F, G, H, and I retired, and on April 6, 200, established N Co., Ltd. (hereinafter “N”), a software development company (hereinafter “N”), and Defendant B issued 60,000 common shares (e.g., 5,000 won) and paid 64% of the above shares as promoters, with the intention of Defendant B to accept 60,000 shares of 60,00 shares, respectively, and paid 30,000,000 won of shares in the lump sum payment.
C. After Defendant B and M’s share purchase contract and purchase price payment 1) on May 31, 2000, Defendant B purchased 100% of N’s 100% on June 21, 2000, Defendant B sold 240 million won of common shares issued by Defendant B to M with face value 120 million won, and Defendant B prepared a sales contract with intent to prepare and deliver a certificate of share transfer to M. (2) Meanwhile, on June 21, 2000, the Plaintiff purchased 24 million shares owned by Defendant B from Defendant B in the name of O, and another 240 million won in the name of KRW 12 million.
3) On June 19, 200, immediately before the formation of the above sales contract, Defendant B made Q, a N’s employee, deposited KRW 144,000,000 from the N’s deposit account to L’s Japanese bank account. L on June 21, 2000, which is the date of the above contract, deposited KRW 12,00,000,000 in M’s name, and KRW 12,000,000,000,00 in the name of P to the Korea Light Bank Savings Account in P’s name. The Defendant B deposited KRW 14,00,000 again on June 22, 200 on June 22, 200, the following day to Defendant B deposited KRW 14,00,000,000 in N’s deposit account from May 21, 200 to June 7, 2005, respectively.