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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. The Plaintiff and the Defendant purchased 3,646 square meters and E 4,463 square meters (hereinafter “instant real estate”) from Esipool Lease Co., Ltd., Esipool Lease (hereinafter “Epool Lease”), and made investment in the business of developing the said real estate (hereinafter “instant real estate”).
B. The Plaintiff decided to make an investment in the instant business with the introduction of Nonparty F, and paid KRW 100 million on September 1, 2014, and KRW 210 million on September 12, 2014, to the Isol Lease as the sales contract amount for the instant real estate.
C. In addition, the Plaintiff offered the land in one’s own name as a security, borrowed KRW 200 million from Nonparty G, and paid it to Isol Lease on September 12, 2014 as the above sales contract amount.
On September 12, 2014, the Plaintiff acquired 49% of C’s shares (total 30,000 shares) from C in his/her own and Nonparty H’s name, and was appointed as the representative director of C on the same day.
E. Meanwhile, on September 12, 2014, the Defendant agreed to invest KRW 600 million in relation to the instant business, and entered into a performance agreement as follows (hereinafter “instant performance agreement”). On the same day, the Defendant acquired 51% of shares (15,300 shares out of total 30,000 shares) from C as security for investment funds, and assumed office as a director in-house of C on the same day.
Performance Agreement A: B: C Representative Director A, A, and B, of the Co., Ltd. shall agree as follows:
A. L. L. L.I.
1. B is agreed to pay 1.2 billion won to A by March 12, 2015, and no objection shall be raised on any ground with respect to this money and the date of repayment.
(B) 2. A. B. As security of the amount of paragraph 1, the Party C(State) entered into a real estate sales contract (T.T. 3,646.0 square meters in Daegu East-gu, and E.T. 4,463.0 square meters (including all the above-ground objects of each land) between E and E.S.