1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 49,993,580 on February 3, 2016 on the Plaintiff’s KRW 49,99,580 and its relation thereto.

1. Judgment as to the main claim

A. On February 2, 2016, the Plaintiff lent KRW 49,993,580 to the Defendant. As such, the Defendant asserts that the Defendant is obligated to pay the Plaintiff the above borrowed amount of KRW 49,993,580, and damages for delay calculated at the rate of 5% per annum from February 3, 2016 to the delivery date of a duplicate of the instant complaint, and 12% per annum from the next day to the date of full payment.

B. However, it is not sufficient to acknowledge the Plaintiff’s above assertion solely with the statement of evidence No. 2, and there is no other evidence to acknowledge it.

2. Judgment on the conjunctive claim

A. On January 26, 2016, the Plaintiff entered into a contract with the Defendant to transfer 23,660 common shares of D Co., Ltd. to the Plaintiff at KRW 49,93,580 (hereinafter “instant contract”).

(2) On February 2, 2016, the Plaintiff paid KRW 49,993,580 to the Defendant under the instant contract, and around July 18, 2016, the Plaintiff sent a certificate of content that urged the Defendant to implement the procedures for share transfer under the instant contract.

3) However, the Defendant did not perform the procedure for transferring shares under the instant contract so far, and the Plaintiff expressed to the Defendant a wish to cancel the instant contract on the grounds of delay in the performance of the Defendant’s obligation through the delivery of the instant claim and the application for modification of the cause of the claim on July 1, 2019. [Evidence Evidence: Each description of evidence No. 1 through 5 (including the serial number) and the purport of the entire pleadings.

B. According to the facts found above, since the contract of this case was lawfully rescinded by the Plaintiff’s declaration of intent on the grounds of delay in the performance of obligation by the Defendant, the Defendant, as a result of the rescission of the contract of this case, received 49,93,580 won as the share transfer price to the Plaintiff, and as sought by the Plaintiff, from February 3, 2016 to December 27, 2018, the delivery date of the copy of the complaint of this case from February 3, 2016 to December 27, 2018.