1. Defendant B’s shares 9,500 shares of Defendant C Co., Ltd. owned by the Plaintiff from the Plaintiff, and Defendant C.

1. The parties' assertion

A. The Plaintiff agreed to receive KRW 200 million in resolving de facto marriage with Defendant B and settling accounts of the Defendant Company’s partnership relationship. Defendant B agreed to pay KRW 160 million among the above 200 million representative directors as Defendant Company’s representative director, KRW 40 million in personal capacity, or KRW 200 million in personal capacity.

Since the Plaintiff received 60 million won in the name of the Defendant Company after the above payment agreement, it is selectively seeking to pay the remainder of the agreement to the Defendant Company 10 million won and the Defendant B an agreed amount of KRW 40 million, or seek to pay the remainder of the agreement to the Defendant B as KRW 140 million.

B. Defendants 1) Defendant B merely made the above payment agreement with the Plaintiff as an individual qualification and did not have concluded the above payment agreement with the Plaintiff as the representative director of the Defendant Company. Thus, the Defendant Company cannot respond to the Plaintiff’s claim because it was not the other party to the above payment agreement asserted by the Plaintiff. Defendant B) agreed to pay KRW 200 million to the Plaintiff. However, such agreement was concluded on the premise of the settlement of the loan on the ground that the Plaintiff’s remainder of the loan to the Defendant Company exceeds KRW 200 million. Defendant B settled the settlement of the loan on the ground that the Plaintiff’s repayment agreement was more than the amount the Plaintiff received from the Defendant Company, and thus, the above payment agreement was revoked on the ground of mistake. (B) Even if the above payment agreement still remains valid, Defendant B agreed to pay KRW 200 million at the same time with the transfer of shares of the Defendant Company owned by the Plaintiff and the Plaintiff. Thus, Defendant B cannot respond to the Plaintiff’s claim from the Plaintiff and D until the transfer of shares of the Defendant Company owned by the Plaintiff.

2. Determination: