1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On April 13, 2015, the Defendant entered into a contract for acquisition of stocks (hereinafter “instant transfer contract”) with the content of acquiring all 1,700,000 won of the shares issued by D Co., Ltd. (hereinafter “instant company”) owned by C and C (hereinafter “instant company”).

Article 6 (Matters to be Observed) (2) In order to normalize the management of the instant company by April 14, 2015, the Defendant has invested KRW 190,00,000 in the instant company in addition to the acquisition price, and C also has invested KRW 110,00,00 in the instant company.

The funds of KRW 300,000,000 so urgently invested shall be executed in accordance with the “Emergency Funds Execution Plan” attached to this Agreement.

[Emergency Debt Settlement Plan] (Attachment of Contract) The acquisition tax that can be created as a collateral by means of payment of wages after the selection of the loan method by the person who received the loan from the representative director (C) Gangnam-gu, 319,869,751 and the guarantee for payment of wages: 330,000,000 won for emergency redemption deposit and the balance of 44,405,731 won for consecutive redemption; and the transfer contract of this case includes a total of 774,405,731 won for debt owed to the business partner of the company of this case.

On April 13, 2015, the Defendant remitted 110,000,000 won to C in accordance with the instant transfer contract to C as the instant company account.

In addition, the Defendant separately transferred KRW 419,748,726, totaling KRW 61,50,000 on April 14, 2015, KRW 50,000 on April 20, 2015, KRW 60,000 on April 30, 2015, KRW 58,247,932 on May 22, 2015, and KRW 419,748,726 on May 28, 2015.

On June 12, 2015, the Plaintiff, who was sentenced to C, set up the instant right to collateral security, which is the maximum debt amount of 420,000,000 with respect to each of the instant real estate owned by the Defendant.

Then, the Plaintiff did not lend the amount equivalent to the tax that the Defendant agreed to lend to C, as well as ① the transfer contract of this case was rescinded on August 19, 2015.