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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On October 5, 2012, the Defendant issued a total of 10,00 shares of taxi transport business without a share certificate (hereinafter “from the following”), and acquired shares of 2,500 shares, C, 2,500 shares, and D, 5,000 shares. On October 16, 2012, D was appointed as the Defendant’s representative director, the Plaintiff as the Defendant’s internal director, and E as the Defendant’s auditor.
B. From April 2015 to April 2015, F, the Defendant’s actual manager, concluded a taxi transport business sales contract (hereinafter “instant contract”) with the content of transferring the entire shares of the instant case owned by D, Plaintiff, and E, in consultation with G under the name of D, and the specific content thereof are as follows.
In the case of sale and purchase of the shares of the taxi transport business: 50 vehicles (including all shares) of the defendant taxi, the seller is called "A (D)" and the buyer is called "B (G)" for convenience in selling and buying the above shares.
§ 1. The total proceeds of the above goods shall be sale and purchase of shares in the old Won (900,000,000).
(A) Section 2. Section 2. Payment of the sum (510,000,00) as the down payment of the above goods, and Section A shall be paid in full.
§ 3. The balance of the above goods shall be the settlement key for the settlement of 390,000,000 Won on 20 August 2015.
section 8. Our obligations are succeeded by B as of 30 June 2015.
(b) Article 20. In selling or selling the above goods, A shall reimburse the amount of the down payment at the time of the violation of A, and B shall lose the down payment at the time of the violation.
- by category -
1. Above
4. Omitted.
5. A debt of us (as of June 30, 2015), project costs, special partnership costs, H call costs, and four insurances are completely arranged and transferred for the operation of a company which is smooth before the contract (amount: 40,000,000). A debt which B may not know after May 30, 2015.