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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 6, 201, the Plaintiff is a representative director of D Co., Ltd. (hereinafter “E”) (hereinafter “D”) with the 9th floor of the Dong-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City E Co., Ltd. (hereinafter “D”).
B. On March 28, 2011, the Plaintiff purchased D Shares 88,000 shares owned by the Defendant from the Defendant in KRW 300 million.
C. Around April 12, 2011, D and E entered into a business partnership agreement with the effect that E has exclusive authority and right to sell DNA genetic testing services in Daejeon Metropolitan City and Chungcheongnamdo (hereinafter “instant business partnership agreement”).
On the other hand, around July 11, 2013, the “certificate of termination of a business partnership agreement” was drawn up between D and E, and the contents of this case are as follows:
(2) As to the termination of the pertinent business partnership agreement, a written confirmation of the termination of the pertinent business partnership agreement is stipulated as follows: D (Representative Director B) and E (Representative Director A) mutually agree to the termination of the business partnership agreement concluded on April 12, 2011.
- - sound;
1. E will be refunded on July 26, 2013 through a person designated by D, the total amount of KRW 400 million invested at the time of concluding a contract, and shall be refunded to a person designated by D all the shares acquired at the time of investment and the shares received without compensation (total amount of KRW 180,000).
Around July 11, 2013, the Defendant, G, and H were designated as a person to be transferred the said shares pursuant to the instant business partnership termination certificate. On this day, the Plaintiff entered into a contract with the Defendant to sell KRW 102,000 of the total subscription price of KRW 196,146,00 of the D shares, KRW 60,000 of the D shares with G, KRW 115,380,00 of the total subscription price of KRW 18,00 of the D shares with H, and KRW 34,614,00 of the total subscription price of KRW 34,00 with H.