1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The Plaintiff (hereinafter “instant company”) was an employee working for C (hereinafter “instant company”) and owned 10% of the instant company’s shares as a representative director, and the Defendant was working for the instant company as the representative director.

The instant company entered into an agency contract with E (E; hereinafter referred to as " Germany headquarters"), which is a German company, and imported and sold products of the German headquarters. Around May 2014, the German head office was examined the method of acquiring the shares of the instant company by transfer while promoting the establishment of Korea branch office.

In the process, the defendant, as the representative director of the company of this case, purchased the shares of the company of this case from shareholders such as the plaintiff, etc. for the convenience of concluding the share acquisition agreement with the German head office, and promoted the method of concluding the share transfer contract with the German head office as the seller, and the plaintiff also

On September 12, 2014, the Plaintiff and the Defendant concluded a share transfer contract under which the Plaintiff sold 1,000 shares of the instant company (10% of the total number of issued shares, hereinafter “instant shares”) to the Defendant in total by KRW 5,000,000 per share, and the Defendant agreed to pay KRW 5,000,000 to the Defendant until December 31, 2014.

(hereinafter “instant share transfer contract”). However, the German head office did not conclude a contract that takes over the shares of the instant company, and the Defendant did not pay the amount of share transfer to the Plaintiff by the date of the said contract.

On February 2, 2015, the Plaintiff notified the Defendant that the instant share transfer contract was cancelled on the grounds of the Defendant’s non-payment.

On February 13, 2015, the defendant did not recognize the plaintiff as a shareholder and held a temporary general meeting of shareholders on February 13, 2015. The general meeting of shareholders changed the trade name of the company of this case, and the resolution set the amount of compensation for the intangible assets to be presented to the head office of Germany as 400,000.