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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) The Defendant is a stock company that runs a market business for public interest purposes. 2) The Plaintiff was a company director and a shareholder of the Defendant, who retired from an internal director on March 22, 2015.
B. The Defendant’s shareholder status, etc. 1) was established on December 2, 1969 and issued 10,000 common shares with face value of 10,000 won, but did not issue share certificates since the incorporation of the company. 2) The Defendant’s shareholder registry on April 5, 201 stated that the Plaintiff’s 1,750 shares (35%) among the total shares issued on April 5, 201, the Plaintiff held 1,750 shares (35%) among the total shares issued on April 5, 200 shares, E, 1,00 shares (20%), F, 750 shares (15%), G, 640 shares (12.8%), H, 50 shares (10%), and 360 shares (7.2%).
C. (1) On October 12, 201, the Plaintiff, including the Defendant, J, etc., drafted a notarial deed of promissory notes of KRW 1,090,682,560 at face value with K. (2) On December 16, 2011, the Plaintiff drafted an agreement with K on KRW 573,500,000, which the Plaintiff borrowed from K (hereinafter “instant agreement”).
3) The main contents of the instant agreement are as follows. ① (i) By the end of February 2012, 2012, KRW 200 million (ii) by the end of February 2012, KRW 37750,500,000) deposit at least KRW 3000,000 in the name of Asia trust by the end of March 2012, and the remittance receipt shall be submitted toK by the end of April 2012, the amount of interest shall be settled later by applying 30% per annum. ② When the Plaintiff fails to comply with the instant agreement, the Plaintiff does not raise any objection against the collection of the following claims, and does not raise any civil or criminal objection against the said collection. (iii) GIST arbitrarily disposes of the land in the south-owned Republic of Korea, which is located in the Republic of Korea by the end of March 2012.
ii) The Plaintiff waives all the Defendant’s rights, and K voluntarily deal with its rights. 4) K as the Defendant on April 9, 2014.