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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 August 23, 2007, the Plaintiff and the Defendant entered into a joint investment agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) to establish and operate jointly. According to the said agreement, the Plaintiff was allocated 90,00 shares of the Nonparty Company, and the Defendant was allocated 210,00 shares of the Nonparty Company.
B. Around June 2012, the Plaintiff and the Defendant decided to settle a partnership relationship under the above joint investment agreement, and the value of shares of the Nonparty Company owned by the Plaintiff was assessed as KRW 116.1 million.
[Grounds for recognition] The descriptions of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. (1) The Plaintiff’s assertion (1) concluded a sales contract with the Defendant to sell 90,000 won of the shares of the non-party company on June 1, 2012, and received 30,000 won of the down payment from the Defendant on the date of the contract. As such, the Defendant is obligated to pay the Plaintiff the remainder of the purchase and sale of shares (=10,610,000 won - 30,000 won) and damages for delay.
(2) The Defendant’s assertion and the Defendant did not enter into a sales contract of the Plaintiff’s assertion, and even if the sales contract was concluded, the Plaintiff’s claim cannot be accepted as it implicitly cancelled.
B. According to the evidence Nos. 2 and 3 of the sales slip No. 2 and 3, on June 1, 2012, the Plaintiff and the Defendant sold 90,000 won registered common shares of the non-party company to the Defendant, and the purchase price thereof shall be KRW 110,610,000,000,000,000 won until June 5, 2012, and the sales contract (hereinafter “instant sales contract”) was made to pay KRW 30,000,000 by December 31, 2012, and the Plaintiff notified the non-party company of the transfer of the shares of the non-party company to the Defendant on January 15, 2016, and on the other hand, the fact that the Defendant remitted KRW 30,000,000 to the Plaintiff under the pretext of a dispute between the parties.
However, the above adopted.