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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Around July 201, the Defendant, as C and its number, entered into a share purchase contract with D Co., Ltd. (hereinafter “D”) and E Co., Ltd. (hereinafter “E”) owned by D, with a view to determining KRW 89,100 per share as KRW 2,974 per share and taking over E’s management right.
B. On October 12, 201, the Defendant drafted a certificate of stock transfer (hereinafter “instant certificate of stock transfer”) that sets forth KRW 2,974 per share of shares issued by the Defendant E (hereinafter “instant shares”) to the Plaintiff as KRW 33,000 per share (hereinafter “instant shares”).
[Reasons for Recognition] Uncontentious Facts, Gap evidence 2-1, Eul evidence 1, 2-2, Eul evidence 1, 2, and 4, witness F's testimony, the purport of the whole pleadings
2. The plaintiff's assertion is that it is impossible for the defendant to perform the duty of transferring the shares to the plaintiff according to the certificate of stock transfer because C transferred the shares of this case to H among the changes in the name of the shares of this case that was transferred by C to G who is the plaintiff's husband without compensation for the business. Thus, the defendant is liable to compensate the plaintiff for compensatory damages for the amount of KRW 165,00,000, which is the profit accrued from the above disposition, and the delay
3. In light of the following circumstances, which are acknowledged by comprehensively taking account of the aforementioned evidence and evidence Nos. 6 and 7’s overall purport of pleading, namely, the transfer value is indicated as the Plaintiff’s “acquisition” of the instant shares from the Defendant in the instant share transfer certificate, but the Plaintiff did not pay the Defendant the purchase price of shares, and the Defendant bears securities transaction tax on the change of the name of the Plaintiff as to the instant shares, it is insufficient to recognize that the Plaintiff transferred the instant shares to the Plaintiff free of charge on the sole basis of the evidence No. 2-1 and No. 2, while there is no other evidence to acknowledge otherwise, the Defendant did not have any other evidence to acknowledge that the instant shares were transferred to the Plaintiff.