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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 21, 2007, the Plaintiff was appointed as the representative director of C Co., Ltd. (hereinafter “instant company”) for the purpose of the cargo transport business, etc. and resigned on October 9, 2009. On December 24, 2012, the Plaintiff was appointed as the auditor of the said company and resigned on February 22, 2013.
The defendant, on October 9, 2009, was appointed as the representative director of the company of this case and retired on December 24, 2012, and has maintained the status of the inside director from the time of the appointment of the representative director until now.
B. At the time of incorporation of the instant company on August 21, 2007, the amount per share was KRW 10,000, the total number of issued and outstanding shares was KRW 10,000, and the capital was KRW 100,000,000. On February 22, 2012, the total number of issued and outstanding shares was 18,000, the capital was changed to KRW 180,000,000, respectively.
Of the above shares issued by the above company 10,000 shares, 6,000 shares of 10,000 shares issued by the above company was owned by the defendant, respectively.
C. From around 2012, the Plaintiff and the Defendant had been discussed about the sale of the instant company, and on December 28, 2012, a letter of agreement between the Plaintiff and the Defendant was prepared with the following content (hereinafter “instant letter of agreement”), and was notarized by the Ministry of Justice No. 2959, including the preparation of the Busan Eastdong Department.
Written Consent of Agreement
1. B (Defendant) and A (Plaintiffs), respectively, shall be described as Gap and Eul;
1. A (Defendant) and B (Plaintiffs) are notarized by mutual agreement on the following terms:
one. Eul (Plaintiff) shall sell the shares (180,000,000 won) and liabilities and property of the Dispute Resolution Co., Ltd. (the Company in this case) to Gap (Defendant) and manage the Company, and Gap (Defendant) shall transfer to Eul (Plaintiff) the monthly wage of l million,00,000 won (7 million,000 won) and No No. E shall be paid from the Company (C).
Provided, That when installment is terminated, it shall be transferred to B (Plaintiff).
1. The LABC shall be managed;
When selling to another person, it shall be sold under an agreement by the auditor A (Plaintiff), but 50% of the balance excluding liabilities and expenses shall be paid to B (Plaintiff).
1. The terms and conditions set forth above begin with January 2013.