1. Defendant B Co., Ltd.:

A. At the same time, the Plaintiff received KRW 18,45,400 from the Plaintiff, and at the same time, the list is attached to the Plaintiff.

1. Basic facts

A. Defendant Company is a company established for the purpose of management consulting business, online information providing business, etc., and Defendant C is the representative of Defendant Company.

B. On September 10, 2019, the Plaintiff entered into a fund management agreement with the Defendant Company to transfer KRW 2,000,000 of the shares issued by D Co., Ltd. (hereinafter “instant shares”) to the Plaintiff as indicated in the attached Form with the Defendant Company on September 10, 2019 (hereinafter “instant agreement”) and paid KRW 10,00,000 of the transfer price to the Defendant Company.

C. On December 18, 2019, Defendant Company deposited KRW 10,000,000 in the Plaintiff’s account without the Plaintiff’s consent to return the said transfer proceeds.

D Co., Ltd., on June 30, 2020, increased the number of new shares per share of the instant shares, without compensation, to allocate two common shares per share.

E. Meanwhile, as of December 16, 2019, the date of stock transfer under the instant contract, the market price of the instant shares was KRW 53,200 per share, and the market price of the instant shares was KRW 15,450 per share as of November 12, 2020, the date of closing the argument.

[Ground of recognition] Evidence Nos. 1 through 10, Evidence Nos. 12 through 14 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) As to the claim against the Defendant Company, the fund management agreement (Evidence A2-1) drafted regarding the instant contract constitutes a disposal document. Unlike the name, the content is that the Defendant Company intended to transfer 2,000 shares of the instant case to the Plaintiff in KRW 10,000,000, the transfer price of KRW 2,000 to December 16, 2019. However, the fact that the free capital increase was made with the content of allocating new shares of the instant common shares per share prior to the date of closing the argument of the instant case (i.e., the stock price fell below 1/3).

As seen earlier, the Defendant is on the other hand.