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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Comprehensively taking account of the purport of evidence evidence No. 1 as to the claim, the Plaintiff entered into a share sales contract with the effect that, on February 27, 2012, the Plaintiff sold KRW 520 million common shares of a stock company C (hereinafter “C”) holding the Plaintiff’s name to the Defendant at KRW 52 million, but the purchase price shall be paid in lump sum on the date of the contract.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remaining KRW 43.5 million after deducting the amount of KRW 8.5 million paid to the plaintiff in the amount of KRW 52 million, except in extenuating circumstances.
2. Defendant’s defense
A. The allegation that the instant contract for the purchase of shares was concluded for the security of the Defendant’s investment of KRW 50 million at the request of D, which is the actual owner and operator of C. Thus, the Plaintiff’s claim is without merit.
B. (i) A shall accept all shares 20,000 shares issued by E on November 201, and 4,000 shares shall be held in its own name, the remaining 16,000 shares shall be held in its own name, and the remaining 16,00 shares shall be held in its own name, and a loan shall be acquired and operated in a manner to succeed to the LAF by succeeding to the debt of 350,000,000 won, and the trade name on February 15, 201 shall be changed to C, and the plaintiff who is the same day shall be registered as an internal director,
D. Upon D’s request, the Defendant demanded D to make an investment of KRW 50 million in its operating capital, and D demanded D to make an investment of KRW 50 million, and D, on behalf of C and the Plaintiff, borne the Defendant with the obligation of KRW 50,000,000,000 to the Defendant on March 12, 2012. By July 31, 2012, it shall be repaid to the Defendant until July 31, 2012, and if payment is delayed, it shall pay damages for delay at a rate of 10% per annum to the said amount, and the Plaintiff and D shall jointly and severally and severally guarantee the Plaintiff’s obligation to the Defendant for five years, a notary public signed a debt repayment agreement No. 306, 2012 (hereinafter “notarial deed”).
Article 20 (Defendant)