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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 13, 2008, the Plaintiff, the Defendant, and C entered into a joint investment agreement (hereinafter “instant agreement”) with the content that “C, E, F (actually F; F; F; hereinafter “G”), Korea Corporation G (hereinafter “G”), H (hereinafter “H”) and F are to be incorporated, the Plaintiff, the Defendant, and the Korea Corporation (hereinafter “I”; hereinafter “six corporations”), through the Corporation (hereinafter “instant six corporations”), to operate mine development projects (hereinafter “instant mining development projects”). However, the joint investment agreement (hereinafter “instant agreement”) with the content that the ratio of shares would be 49%, Defendant, and 325.5%.
B. The Plaintiff, Defendant, and C served as the representative director, director, auditor, etc. of the six corporations of the instant case in accordance with the instant agreement, and jointly carried out the project for the development of the Camere mine of the instant case.
C. On December 16, 2008, between transferor I, F (hereinafter “each of the instant companies”) and transferee J, the Plaintiff as the guarantor, and the transfer price of shares equivalent to 150 million won of the total number of shares of each of the instant companies as of the date of the contract to KRW 150 million (500,000 won of F Share Transfer Price KRW 149,550,000,000). The transfer price shall be paid in the Defendant’s Japanese bank account (Account Number: K). The Plaintiff, the representative director of each of the instant companies, guaranteed the said contract, and, in the event of the procedure and legal defect, a share transfer contract was prepared to the Plaintiff to transfer his shares to J without compensation in accordance with the above transfer terms.
On February 5, 2009, between the transferor and the transferee L, the guarantor as the plaintiff on February 5, 2009.
A share transfer contract that contains the conditions of transfer, guarantee, etc. such as the share transfer contract as stated in the subsection (However, the transfer proceeds shall be the Defendant's first bank account (Account Number: M: hereinafter the above account and the above C).
subsection (b).