1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

In addition to the claim as stated in the purport of the claim in the first instance, the plaintiff claimed for the payment of lease deposit of KRW 16,351,290 and damages for delay, but the first instance court dismissed this part of the claim.

On December 27, 2018, the Plaintiff appealed against the judgment of the first instance on December 27, 2018, and did not file an appeal against this part, and submitted an application for modification of the purport of the claim that excluded this part of the claim on December 28, 2018.

Therefore, the part of the claim for the payment of lease deposit 16,351,290 won and damages for delay is excluded from the scope of the trial at the party.

Basic Facts

The Plaintiff is a company established on October 26, 201 and engaged in the business of manufacturing clothes and the wholesale and retail business of clothing, and the Defendant was employed as the representative director from October 26, 201 to February 29, 2016.

On December 30, 2015, the Defendant, the representative director of the Plaintiff, and the actual one shareholder of the Plaintiff, was the Plaintiff’s representative director, and the Defendant, on December 30, 2015, KRW 10,000 of the Plaintiff’s shares issued (the Defendant’s name holding 3,400 shares, D, and E each of 3,300 shares) KRW 860,000,000,000. Meanwhile, Article 4 of the stock acquisition agreement of this case provides that “the transferee’s SBLC/ or bank payment guarantee 3,00,000,0000 won shall be paid as down payment in addition

A. The share acquisition agreement (hereinafter “instant share acquisition agreement”) was entered into with the content of transfer to F Co., Ltd. (hereinafter “F”).

After March 1, 2016 to March 4, 2016, the share acquisition agreement was revised three times, but the main contents of the share acquisition agreement were not modified.

G, the representative director of F, around February 29, 2016, paid KRW 450 million to G as part of the share transfer price under the instant share transfer contract, and the Defendant, D, and E transferred 10,000 shares total of the Plaintiff’s issued shares around that time to G.

On March 3, 2016, on the Plaintiff’s corporate register, February 29, 2016