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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the evidence evidence No. 2, the Plaintiff and the Defendant entered into a joint venture agreement to establish a company which operates a business to open and operate Lestons No. 5 of the D Building Burial in Gangnam-gu Seoul, Seoul underground around February 2016 and develop into a restaurant brand, and either party transfers the shares of the newly established company to a third party, the fact that the Plaintiff and the Defendant agreed to pay the higher amount of the amount calculated by multiplying the number of shares transferred by the Plaintiff’s actual investment amount per share under the instant investment agreement and the disposal amount for the third party, whichever is larger, as penalty (Article 8 of the contract).
2. The assertion and judgment
A. The Plaintiff is the cause of the instant claim. The Plaintiff is a shareholder of the said company who established G for the restaurant operation and brand business of “F” and the Defendant is a shareholder of the said company. The Plaintiff is a person who proposed the said restaurant business to the Plaintiff, and the Plaintiff is a shareholder of the same company. The Plaintiff, around January 2016, opened leletos along with IpppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppP to open a restaurant brand business, and entered into the instant joint venture agreement around February 2016 in order to determine matters concerning the shares of the newly incorporated company and operating methods, etc. The Defendant did not give notice of purchase under the instant joint venture agreement to the Plaintiff and transferred KRW 50 million to the Plaintiff KRW 50,000,000,000 for the said joint venture business.
B. However, the entries in the evidence No. 5, No. 6-1, No. 2, and No. 7 alone are as follows: (a) the Defendant did not give notice of purchase to L to the Plaintiff; and (b) 50 million won of the shares of the newly incorporated company.