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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
Plaintiff
On January 10, 2002, Nonparty C, including the incorporation and composition of a company, decided to undertake the business of constructing a building on each ground (hereinafter “instant project” and the building newly constructed by the instant project, which was owned by Nonparty C, on the following grounds: (a) around January 10, 200; (b) Nonparty C borrowed a part of the business fund from Defendant (F before the name of the company) and Nonparty G.
The Defendant borrowed and arranged the said money from H (Seoul, I and H shared consultation on April 27, 2010).
C requested the Defendant and G to provide additional financial support for the instant project, and the Defendant and G decided that the instant building should be completed in order to recover loan claims against C, and the Defendant and G agreed to lend additional construction funds to C.
In doing so, on October 13, 2003, directors on October 13, 2003 as J, K (G's wife), audit and inspection, C, and G were established, and the Plaintiff Company followed the instant business.
C transferred the instant land to the Plaintiff Company on November 21, 2003, and transferred the name of the owner of the instant building that was being newly built.
K became the representative director of the Plaintiff company on June 9, 2005, and after February 16, 2006, the Defendant also became the representative director of the Plaintiff company, and K and the Defendant were working as the joint representative director of the Plaintiff company.
H served as a director of the Plaintiff Company from June 9, 2005.
Plaintiff
The total number of shares issued by the company is 100,000 common shares, and at the time of incorporation, the shares of the Plaintiff company were owned by the Defendant, G, C, 45%, 25%, and 10%, and around 2006, the Defendant, G, K, L (G) and H held shares of the Plaintiff company at each 20% ratio. However, around January 2, 2009, L transferred shares to M on January 2, 2009, and at each 20% ratio.