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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 November 27, 2011, the Plaintiff, Defendant, and C entered into a sales contract for the Plaintiff’s business share (hereinafter “instant sales contract”) with respect to 21.829% of the Plaintiff’s business share in the D Education Center owned by the Plaintiff, and its main contents are as follows.
Article 2 [Transfer of Share] of the share sales contract for the Plaintiff shall transfer 21.829% of the share of the D Education Center owned by the Plaintiff to the transferee in accordance with the terms and conditions of this contract, and the transferee shall acquire it.
Article 3 [Transfer Price] The transferee, the defendant, and C shall be one billion won for the joint payment to the transferor as the share price.
Article 4 [Payment of Transfer Price] (1) The defendant and C shall jointly and severally pay the first 75 million won of the down payment to December 2, 211 after the conclusion of this contract, and the second 75 million won of the down payment to December 31, 201, and the balance shall be paid to the bank account designated by the transferor until December 31, 2013.
(2) Where a transferee fails to pay the transfer price under paragraph (1) to the transferor by the date referred to in paragraph (1), the transferee shall pay to the transferor, along with an annual interest rate of 5% from the day immediately following the date of payment plus damages
B. The Plaintiff was paid KRW 2950 million in total by May 7, 2015, including that the Plaintiff received KRW 150 million from the Defendant and C for a partial purchase price, as well as KRW 150 million on December 2, 2011. 2) After that, the Plaintiff received KRW 130 million on May 15, 2015, and KRW 130 million on July 15, 2015, KRW 260 million on a total of KRW 130 million on July 15, 2015, KRW 260 million on a sales price; KRW 40 million on December 30, 2015; KRW 50 million on August 30, 2016; and KRW 307 million on a five million on a five-yearly basis, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence No. 2 and purport of whole pleadings
2. Summary of the parties' arguments
A. The summary of the Plaintiff’s assertion.