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1. All the principal lawsuit and counterclaim of this case shall be dismissed.
2. Of the costs of lawsuit, the part resulting from the principal lawsuit.
Reasons
A principal lawsuit and a counterclaim shall be deemed as the same.
1. Basic facts
A. From January 27, 2011, the Defendant, from around D and 50:50, operated the F&A located in Sungnam-si and E (hereinafter “instant private teaching institute”) as a partnership business in proportion to the ratio of shares of 50:50.
B. Upon the Defendant’s recommendation, Plaintiff A invested KRW 60 million on March 30, 2012, and acquired 20% of the Defendant’s shares on the instant driving school, and participated in the same business as the instant driving school.
C. He/she participated in the partnership business of the instant private teaching institute by acquiring 30% of the shares in D.
In this process, D was withdrawn from the partnership of the instant private teaching institute.
Accordingly, on September 6, 2012, Plaintiff A, Defendant, and H entered into a contract for the merger and club business of the instant driving school and G driving school (hereinafter “instant agreement”).
The main contents thereof are as follows:
1. The equity ratio at the time of the merger of the instant driving school and G driving school shall be as follows:
C (50%) H (30%) out of 100%) H (30%) out of 100%) A (20%) out of 100%)
2. Terms and conditions of merger (Omission);
3. Purchase or sale (Omission thereof)
4. He may not start up his business and work in his constituency within two years from the date on which he loses his share; and
The fine shall be 50 million won in cash in case of a violation of the foregoing provisions.
The date for payment shall not exceed one week.
- The scope of start-up and work shall not in any form be involved in other enterprises.
5. Relevant documents (Omission);
D. On September 12, 2012, Plaintiff B took over 20% of the Defendant’s shares in the instant driving school and G driving school in KRW 40 million, thereby participating in the club business of the instant driving school.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 12 to 14 (including, if any, various numbers) and the purport of the whole pleadings
2. The Plaintiffs to determine the claims on the merits of this case are paid excessive KRW 19,932,310 as their own salary during the period of the business.