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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 31, 2012, the original Defendant entered into a contract for the “sale and joint management of stocks at casino” with C, D, E, and F as indicated in the following table (hereinafter “instant stock transaction contract”) and paid KRW 750,000,000 to C representing the other party on the same day.
Of the down payment above, 500,000,000 won was borne by the Plaintiff, and 250,000,000 won, respectively, by the Defendant.
Article 1 of the Contract for Sale and Purchase of Casino Stocks and Joint Operation / [Purpose] This Agreement is a contract for the operation of casino in the name of the company having its head office within the I hotel located within H in Jeju Special Self-Governing Province, which is owned by the representative director C, shareholders (referred to as "A" in this section) of the company G (referred to as "company B" in this section) and the plaintiff and the defendant (referred to as "B" in this section) and the sale and purchase of common stocks issued by the company A.
[Purpose]
1. Eul shall decide to purchase 50% of Gap's shares (20,000 shares) and shall pay 10 billion won (7,500,000,000 won) with the purchase price of shares and the transfer price of management rights;
2.As regards paragraph 1 above, Eul shall be payable to Gap in the following schedule:
- - 1) - The intermediate payment shall be paid in the amount of KRW 750,00,000 in daily gold (750,000,000): 2) The intermediate payment shall be paid in the amount of KRW 500,000 in daily gold (5,250,000,000) within 14 days after the contract is concluded, and Party A shall transfer to Party B or B the right of management for the amount of KRW 50,000 in daily stock issued by Company A (20,000) and the amount of 50% in daily stock issued by Company A (20,000).
3) Balance: A daily sum of KRW 1,500,000 (1,500,000) shall be paid within three months after the intermediate payment is paid (1,50,000).
8. The Company A and B shall have the other rights subordinate to the Company B’s casino business permit.
(A) In the event that B delays the payment of the intermediate payment, A may terminate the contract, and the down payment shall be owned by A, and B may claim the return of the down payment.