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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. C (hereinafter “C”) is a company with the purpose of manufacturing and selling measuring instruments, and the Defendant is the representative director of D, a corporation with the purpose of manufacturing and selling rubber products.
B. The Plaintiff, in relation to measuring instruments, etc., registered C as joint owners of technical support and owned patent rights (patent registration number E-electronic gas meter, distance transmission device and method for its use, reverse-flow prevention device using patent registration number F seat, electronic inspection device using mechanical distance meter using patent registration number G-type mechanical G-type gas meter, patent registration number H-type mechanical inspection device using patent registration number H-type mechanical inspection meter, and hereinafter “patent right of this case”) and had C own 3.33% (46,745 share) out of C’s shares in return for using the patent right of this case.
(c)
On April 30, 2014, the Plaintiff sold 10% of the Plaintiff’s shares to the Defendant at KRW 500 million, and entered into a sales contract with the purport of transferring the Plaintiff’s shares among the instant patent rights to C (hereinafter “instant sales contract”). D.
According to the instant sales contract, the Defendant paid KRW 360 million to the Plaintiff, and on October 6, 2014, the Plaintiff renounced its share in the instant patent right, thereby allowing C to own the instant patent right independently.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 2, 4, and 5 (which include various numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) The Defendant is obligated to pay the remaining purchase price of KRW 140 million to the Plaintiff.
2) The Plaintiff intended to receive the unpaid amount from the money deposited by the Defendant in C, and the Defendant withdrawn KRW 140 million from the corporate account of C.
Therefore, the defendant should return the above money to the plaintiff as an unjust profit.
B. The plaintiff is the defendant.