손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are found to be without dispute between the parties, or acknowledged in Gap evidence Nos. 1, 2, and 14 to 16 by integrating the purpose of the entire pleadings.
A. On April 7, 2010, the Plaintiff invested KRW 100 million in each of the Plaintiff and C (each of the primary investments KRW 50 million, each of the secondary investments KRW 50 million, and KRW 50 million) with respect to the development of oral temperature heat by using the Defendant’s patent “E” and “F” (hereinafter “the instant early temperature heat heat”) between the Defendant and Nonparty C, and Nonparty C, and the Plaintiff. ② The Defendant used the primary investment as “G” manufacturing costs for test products, development costs for comparison with domestic production, business promotion expenses, etc., and used the secondary investment as “H” and “I” manufacturing costs, etc., and ③ the Plaintiff newly established a corporation for the purpose of supplying the instant early temperature heat to “G, etc.” by April 4, 2010, and the Plaintiff prepared a 200 million share swap agreement with the content of the instant project (hereinafter “the share offering agreement”).
(hereinafter “instant agreement”). (b)
On April 9, 2010, the Plaintiff transferred KRW 50 million to the Defendant with the primary contribution under the instant agreement.
In addition, the Plaintiff transferred to the Defendant KRW 5 million on April 5, 2011, and KRW 25 million on April 19, 201, and KRW 30 million on a total of KRW 30 million on April 19, 2011, among the Defendant’s shares in a corporation newly established pursuant to the instant agreement with the Defendant.
C. Until now, there was no supply of “G, etc.” with respect to the heat chemical of this case, and there was no legal entity with the business purpose of the above supply.
2. The assertion and judgment
A. The Plaintiff is not able to establish a legal entity with business purposes, and even if the Defendant received the first investment from the Plaintiff, it is impossible to establish the legal entity with the business purposes, since the Plaintiff did not have the possibility of success and profitability in the business of developing the instant passenger temperature heat system and supplying it to “G”, etc.