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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) shall be 345,600.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. On May 20, 199, the Plaintiff established the Defendant Company jointly with C, D, E, F, and G on May 20, 199, and worked for the Defendant Company from that time, and retired on April 30, 2013.
B. As of December 31, 2013, the total number of shares issued by the Defendant Company is 331,200 shares, and its capital is 1,656,00,000 shares, GA 7,680 shares (2.32%) among the total shares issued by the Defendant Company, H 101,920 shares (30.7%) among the total shares issued by the Defendant Company, H 36,00 shares (10.87%) by the Plaintiff, 12,60 shares (3.80%) by I, 12,60 shares (3.80%) by JJ, 12,60 shares (3.80%) by K 9,00 shares (2.72%) by 9,00 shares (2.72%) by D, 13,400 shares (2.72%) by 13,400 shares (28%) by M. 9,200 shares (270 shares).
C. On June 17, 2013, the Plaintiff entered into a contract with the Defendant to sell 36,000 shares of the Defendant Company (hereinafter “instant shares”) totaling KRW 35,000 per share to KRW 126,00,000 (=36,000 shares x 35,000 won) (hereinafter “instant contract”).
The e-mail attached to the e-mail of the Defendant Company N. 2 to the Plaintiff on June 17, 2013, the Defendant paid to the Plaintiff KRW 19,00 won per share as “stock purchase” (i.e., KRW 36,00 x KRW 19,000), and KRW 16,600 per share as “transaction compensation” (i.e., KRW 36,000 x KRW 36,000 x KRW 166,000 x KRW 16,500 36,000 x 16,000 / KRW 16,500). The amount equivalent to KRW 3,00,000 per share to KRW 3.5 billion (i.e., KRW 68,4,000, KRW 5,0000) and the amount equivalent to KRW 2.3,50,000,000 per share to KRW 2.36.3 billion.