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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The parties’ relationship 1) C Co., Ltd. (hereinafter “C”)
A) The purpose of this Act is to provide educational services via the Internet. D (mutual E Co., Ltd. before the change; hereinafter referred to as “D”).
(2) The Plaintiff, as a capable language professional instructor, served as C’s representative director from September 16, 2010 to January 24, 2013.
The defendant was the actual operator of D and the representative director of C from January 24, 2013 to March 18, 2014.
B. On August 16, 2010, the Plaintiff acquired C’s shares 2,941,679 shares (an amount equivalent to KRW 28.87%, KRW 1,470,839,50) in the name of D. On October 28, 2011, the Plaintiff acquired C’s shares 2,915,644 shares without compensation from F, the largest shareholder of C, in the name of D, and owned C’s shares 5,857,323 shares (51.21%) in the name of D.
C. C’s capital increase increase 1) around December 9, 201, C issued new shares (ordinary shares in an amount equivalent to KRW 563,250,112,650,000). The said new shares were allocated in the name of the Plaintiff on or around December 14, 2011. (2) The Defendant borrowed KRW 700,000 from G on December 13, 201, and D and C concluded a monetary loan agreement with the Defendant’s obligation to repay the borrowed amount.
3) As above, KRW 700 million borrowed from G was deposited into the National Bank account under the Defendant’s name on December 13, 201, and was withdrawn on the same day, and deposited into the Defendant’s name Nonghyup Bank account. Meanwhile, on December 13, 2011, the Plaintiff received a loan of KRW 500 million, and then deposited into the Defendant’s name bank account (H and “the Plaintiff’s name bank account”).
On the same day, the above KRW 500 million was deposited in the NAC account in the name of the Defendant, and on the same day, KRW 1122,65 million was deposited in the said NAC account in total, which was borrowed from G, and KRW 1.12,65 million was transferred to the Plaintiff’s national bank account in December 14, 201, and on the same day, KRW 1.122,65 million was transferred to C in the name of the Plaintiff.