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1. On the basis of the primary claim of the principal lawsuit, the Defendant (Counterclaim Defendant) has against the Plaintiff (Counterclaim Defendant);
A. C.C.
Reasons
1. Basic facts
A. The Plaintiff is a representative of D and an intra-company director, and the Defendant was an executive officer of C&A around October 2009, and served as the vice president of D&A from April 1, 2014 to May 13, 2016.
B. C Co., Ltd. (hereinafter “C”) allocated shares of stock to the Defendant, who was an executive officer at the time of the company’s listing. Around October 2009, the Plaintiff and the Defendant concluded a stock trust agreement with the purport that the Plaintiff would become the title truster and the Defendant would become the title trustee, and the Defendant would pay the Plaintiff dividends other than taxes.
C. Accordingly, on October 5, 2009, the Plaintiff remitted the purchase price of KRW 61,500,000 to the Defendant for KRW 41,00,000, and the Defendant paid the dividends for each previous year from 2012 to the Plaintiff each year. Since May 3, 2012, the Defendant deposited KRW 1,061,70,000 on May 21, 2013, and KRW 1,061,65,70 on April 28, 2014, and KRW 1,650,00 on November 1, 2015, respectively.
On July 14, 2016, the Plaintiff, by notifying the Defendant of the sending of e-mail to process C’s shares, indicated his intention of termination regarding the instant stock title trust agreement.
E. While keeping the above 1,500 shares, the Defendant received KRW 1,500,000 as the dividend for the year 2016 on April 14, 2016, and KRW 1,350,000 as the dividend for the year 2017 on April 6, 2017, the part was not deposited to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the allegations and the facts of the recognition as above, the defendant delivered 1,500 shares in the name of the defendant among the share certificates of registered common shares, the par value of which is 5,000 of C issuance, to the plaintiff for the reason of termination of the instant share trust agreement, and the defendant deducted 15.4% of the total income tax and resident tax out of the dividend of 1,500,000 in 2016 (=1,269,000 + 1,50,000 】 100) and 100).