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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings as stated in Gap evidence Nos. 1 to 5, Eul evidence Nos. 1, 3 to 5, 22, and 23 (including the number of pages).
From around 2008, Defendant A, while operating a English kindergarten in the name of “D Language Private Teaching Institutes,” on September 14, 2009, transferred all the rights and duties regarding the operation of the English kindergarten to E Co., Ltd. (hereinafter “instant company”) and continued its business by taking office as the representative director of the said company. Defendant B and C were in office as a director or auditor of the instant company, etc., and continued its business with Defendant A.
B. On December 22, 201, the Defendants increased the company’s capital from KRW 305,605,00 to KRW 1.6 billion. However, the Plaintiff paid KRW 800 million for the first increase of the company’s capital, and the Defendants owned KRW 50% of the shares of the company of this case (Article 3(1)) and the Defendants owned KRW 50% of the shares of the company of this case (Article 3(1)), the Defendants are responsible for its operation as the representative of the company of this case and manage the company (Article 5(6)), and the amount of the first increase of the company paid by the Plaintiff to be used for the repayment of liabilities, such as the Plaintiff’s accounts, receipts and unpaid expenses (Article 5(3)).
C. However, until the time when Defendant A withdraws the total amount of KRW 579,210,631 out of the funds of the instant company in 2012 as the provisional payment for the representative director and uses it for the purpose unrelated to the operation of the instant company, etc., the provisional payment to be made by Defendant A to the instant company shall be carried forward in the year 2011, which was 413,447,75 won and 579,210,631 won in the year 2012.