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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. In the principal of the claim for monetary payment, the Plaintiff transferred the shares of the Defendant Company and the non-party C Co., Ltd. (hereinafter “non-party Co., Ltd.”) owned by the Plaintiff to the Defendant Company, and received KRW 250,00,000 in return, and accordingly, the Plaintiff still did not receive KRW 98,487,480 out of the transfer price. Therefore, the Plaintiff is entitled to seek the unpaid
Preliminaryly, the Plaintiff settled that the Defendant Company paid KRW 250,00,000 to the Plaintiff while settling a partnership relationship with D on the management of the Defendant and the operation of the Nonparty Company. The Defendant still did not pay KRW 98,487,480 out of the liquidation amount.
B. The Plaintiff operated the Defendant Company along with D’s request for the delivery of corporeal movables, which is the Plaintiff’s property, donated the instant corporeal movables to the Defendant Company’s business. While the relationship between the Plaintiff and D was terminated, the Defendant occupied the instant corporeal movables without title.
Therefore, the Defendant Company is obligated to return the instant corporeal movables to the Plaintiff.
2. Determination
A. The key issue of the instant case is: (a) the Plaintiff and D’s mother-child formed the Defendant Company on November 26, 2014, and the Plaintiff becomes an internal director of the Defendant Company; and (b) E or D was in actual management of the Defendant Company; (c) the Plaintiff was allocated 122,500 shares out of the total shares of the Defendant Company in the process of its establishment; and (c) the Plaintiff was allocated 20,000 shares of the Nonparty Company incorporated with D; and (d) around May 2017, the Plaintiff and D agreed to liquidate their partnership with respect to each of the above companies; (b) the Plaintiff agreed to transfer the shares of the Defendant Company and 20,000 shares of the Nonparty Company (hereinafter “each of the instant shares”) to the Defendant Company; and (c) there is no dispute between the parties to the instant shares.
Meanwhile, at the time of the above oral agreement, the Defendant Company paid KRW 250,000 to the Plaintiff.