1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The parties' assertion

A. On February 24, 2006, the Plaintiff asserted that 5% of the shares C (hereinafter “C”) were sold to the Defendant at KRW 150 million (hereinafter “instant sales contract”).

However, since the defendant did not pay the purchase price of this case to the plaintiff, it is obligated to pay the above price and damages for delay.

B. The Defendant’s assertion is an employee of H Co., Ltd. (hereinafter “H”) operated by F.

F on June 1, 2005, the F purchased 40% of C’s shares from the Plaintiff in the amount of KRW 1.2 billion.

However, in the course of performing the contract, F would pay C’s debt and delinquent taxes, and would pay KRW 1.4666 million as the purchase price of stocks. During settling the account of KRW 266 million paid to the Plaintiff and excess, F would have received the instant stocks from the Plaintiff who actually held the instant stocks without any additional payment.

The F, which had been limited at the time, proposed that the Defendant purchase the shares of this case. On January 26, 2006, the Defendant obtained a loan of KRW 143 million with the apartment house under the name of the spouse as collateral and paid to F, and then came to hold the shares of this case after concluding the sales contract of this case.

Therefore, the plaintiff is already paid the price of the shares of this case, and the defendant is not obligated to pay the price of the shares of this case.

2. Determination

A. 1) The Plaintiff is a person who actually owns the entire 5,000 shares of C, the registration of incorporation of which was completed on January 26, 2005 for the purpose of the training institute business.

B) The Defendant was an employee of H run by F, and F entered into a contract with the Plaintiff to purchase C’s shares on June 1, 2005, as seen below, and the Defendant thereafter took charge of the affairs related to C. 2) The real estate acquisition price C in the attached real estate list as stated in C’s attached real estate list is as follows.