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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Comprehensively taking account of the purport of evidence evidence No. 1 as to the claim, the Plaintiff entered into a share sales contract with the effect that on February 27, 2012, the Plaintiff sold KRW 500,000 common shares of a stock company C (hereinafter “C”) holding the Plaintiff’s name to the Defendant at KRW 50,000,000, but the purchase price shall be paid in lump sum on the date of the contract.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the sales price of 50 million won and damages for delay, unless there are special circumstances.
2. Defendant’s defense
A. The allegation that the instant contract for the purchase of shares was concluded by D as the actual owner and the operator of the instant contract, with the investment of KRW 50 million at the request of E, which is the actual owner and the operator of the instant contract. Therefore, the Plaintiff’s claim is without merit.
B. (1) On November 201, E accepted all shares of 20,000 shares issued by F, and 4,000 shares are held in its own name, and the remainder of 16,000 shares are held in its own name, and is in its own name and operated by acquiring and operating the LAB by succeeding the debt of 350,000,000 won to C, and the trade name on February 15, 2012 was changed to C, and the Plaintiff of the same day is registered as an internal director and the principal as the auditor.
Shed D, upon the request of E, intended to invest KRW 50 million in the operating capital of C, and demanded E to provide the collateral, and E, on behalf of C and the Plaintiff, provided D with the obligation of KRW 50 million in the amount of investment to D on March 12, 2012, and the obligation of KRW 50 million shall be repaid until July 31, 2012, and if the payment is delayed, the payment shall be paid at a rate of 10% per annum on the above amount, and if the payment is delayed, the Plaintiff and E shall be jointly and severally and severally guaranteed for five years, a notary public signed and executed a debt repayment contract No. 306 of the Mapo Law Firm Deed (hereinafter “notarial deed of this case”).
Article 22(1) of the notarial Deed No. 1 of the notarial Deed No. 200,000 won, 16.5 million won, 16.5 million won, 200,000 won, respectively.