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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 7, 2012, the Plaintiff entered into an underwriting agreement with the Defendant, and entered into a “share transfer, underwriting agreement (hereinafter “instant contract”)” with the content that the Defendant would take over the shares equivalent to 35% of the entire shares of the C Incode (CINC; hereinafter “C”) 50,000 U.S. dollars (hereinafter “U.S.”) from the Defendant’s U.S. company establishing the Defendant, as the Defendant’s “C Incode” (CINC; hereinafter “C”). The main contents of the said contract are as follows.
Article 1. The purpose of this Agreement is to actively cope with the changing market trend by taking responsibility for the operation of the company with mutual responsibility between the plaintiff and the defendant by acquiring the defendant's shares, participating in the management, eliminating unstable factors such as financial accidents, etc. from the plaintiff, the defendant's trade name, Korea and the United States.
Article 2 Size and Amount of share acceptance
1. The Defendant currently sells 35% of the shares in C to the Plaintiff at USD 00,000.
2. The Plaintiff shall work directly in the U.S. LA office upon completion of the payment and participate in the actual operation of the company.
In addition, the plaintiff directly operates and executes funds on behalf of the defendant, and the execution details can be perused by the plaintiff and the defendant.
3. The Defendant must register the Plaintiff’s share acquired by the Plaintiff on a regular basis in CINC.
Article 3 Payment of Acceptance Funds
1. The plaintiff shall pay USD 10,000 at the time of the contract with the defendant.
2. When a contract is concluded together with the payment of down payment, the Defendant shall provide the Plaintiff with all information necessary for the Plaintiff’s business, including the company’s natives, as well as with all convenience necessary
4. In addition, the Plaintiff was aware of his business until May 31, 2012 and paid USD 00,000 to the Defendant before that date, and registered shares in a legal entity, and the Plaintiff is a signatory on the company check that can exercise overall control over the company funds.
5. The Plaintiff currently holds the remainder of USD 50,000.