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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit shall be.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On July 17, 2013, the Plaintiff entered into a contract with the non-party company to acquire all business rights, including the non-party company’s license for taxi transportation business and the ownership of 71 taxi for business (hereinafter “instant license”) from the non-party company for acquisition of KRW 3.4 billion of transfer proceeds.
B. On January 27, 2014, the Plaintiff entered into a contract with the Defendant, a shareholder of C, to acquire the instant license and the Plaintiff’s common stocks from the Plaintiff at KRW 3.7 billion (hereinafter “instant transfer contract”). The main content is as follows.
The Plaintiff’s transferee: The Plaintiff’s transferee refers to the transferor “A” and the transferee “B” for convenience.
Article 2. Indication of Transfer: Total purchase price of the instant license: KRW 3.7 billion: KRW 3.3 billion; KRW 2.3 billion plus KRW 3.3 billion paid by Nonparty Company A to Nonparty Company, out of total purchase price under a business license and a motor vehicle transfer contract concluded on July 17, 2013 between Nonparty Company A and Nonparty Company’s representative director; KRW 2.3.3 billion; and KRW 1,496,650,000, which is paid by Nonparty Company A, shall be paid to Nonparty Company A; and KRW 1,496,650,000, which is paid by Nonparty Company A to Nonparty Company.
Article 4 (Time A) Upon receipt of the above amount, the management right shall be transferred to B at the same time as the resignation of the representative director and the directors, and at the same time the entire Plaintiff’s stocks shall be transferred to B or to a person designated by B.
Section 6. It shall complete this Agreement by February 10, 2014, and if it is violated, A shall compensate for KRW 300,000 to B, and KRW 300,000 to Section B, respectively.
[Ground of recognition] The fact that there is no dispute, Gap Nos. 1 and 2 (if there is a serial number, including a serial number; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings.