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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On April 22, 2005, the Plaintiff asserted that 5,100 shares C in the name of the Plaintiff were calculated as KRW 5,500 per share and transferred to the Defendant a total of KRW 2,550,000 per share, and paid KRW 127,500 on May 10, 2005.
However, at the same time as the above contract was concluded, the Defendant did not pay to the Plaintiff KRW 25,500,000 to the Plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff the above 25 million won and the damages for delay calculated by the rate of 5% per annum under the Civil Act from April 22, 2005 to the service date of a duplicate of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
B. The defendant's assertion only decided to acquire 5,100 shares of the above C on April 21, 2005 from the plaintiff free of charge.
2. Determination:
A. The key issue of the instant case is whether there was an agreement between the Plaintiff and the Defendant on the transfer of KRW 25.5 million in total by calculating KRW 5,100 per share of KRW 5,00 per share.
B. As evidence consistent with the plaintiff's assertion, Gap evidence Nos. 1-1, 2, 3 (each share sales contract), Gap evidence No. 2 (the receipt for a taxpayer), Gap evidence No. 3 (the partial certificate of registered matters), Gap evidence No. 8 (Certification of Facts), and Gap evidence No. 9-1, and 2 (the power of attorney) are presented.
However, each of the above sales contracts has a seal affixed to the defendant's name when the amount of transfer is stated in KRW 25,500,000, but it is not recognized that the defendant affixed a seal with a seal affixed to it at will. In addition, the defendant's share transfer contract submitted by the defendant (as the certificate No. 3 and the seal affixed to the plaintiff's name are affixed to the above share transfer contract, and the authenticity is presumed to have been established because the certificate of seal impression is attached, only the number of transferred shares is stated.