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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The status C unlimited partnership company of the parties (hereinafter “instant company”) was originally a “C unlimited partnership” and was changed to a “D unlimited partnership company” on August 2, 2006, and on March 17, 2010, the status C unlimited partnership company was changed to a “E unlimited partnership company” on September 28, 2010.
On May 7, 2001, when the Plaintiff was in office as a representative member of the instant company, and owned all the shares of KRW 560 million in total, the shares of KRW 560 million in its own name left behind, and on September 4, 2001, the Plaintiff title trust the shares of KRW 140 million out of the said investments to G on June 8, 2005.
B. On November 25, 2003, the Plaintiff entered into a contract with H to transfer 50% of the shares of the instant company in the Plaintiff’s name (the part of KRW 350 million out of the shares; hereinafter “instant shares”). H to pay the Plaintiff KRW 200 million in consideration of the acquisition, and H to provide the Plaintiff with a new security equivalent to KRW 150 million equivalent to KRW 50 million in the security provided by the Plaintiff for liquor companies.
(hereinafter “First Share Transfer Agreement”). H paid a total of KRW 200 million to the Plaintiff by February 24, 2005 pursuant to the said share transfer agreement, but the said contractual obligation to provide security was not fulfilled.
C. On July 6, 2006, the Plaintiff entered into the second share transfer contract and agreed on July 6, 2006 to operate the instant company by additionally investing 100 million won by the Plaintiff and I in addition to 50 million won each of the shares of the instant company (the amount calculated by deducting KRW 140 million from the shares of KRW 560 million in the name of G and the remaining shares of KRW 210 million in the name of the Plaintiff, the share of KRW 50 million in the Plaintiff’s name, which is the share of KRW 50 million in the Plaintiff’s name).
(hereinafter “Second Share Transfer Agreement”). Accordingly, the Plaintiff on July 31, 2006.