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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. A. Around February 2005, the Defendant recommended the Plaintiff to acquire the new shares of the non-party company by investing in C Co., Ltd. (hereinafter “Co., Ltd.”) with the outside director and the managing owner of the special agreement (hereinafter “Non-party Co., Ltd.”).
B. Around February 25, 2005, the Plaintiff borrowed each of KRW 150 million in his own name, KRW 30 million in his own name, and KRW 30 million in his own name, and withdrawn the cashier’s checks (F) and KRW 30 million in his own name on February 28, 2005 and delivered them to the Defendant. The Defendant transferred the above KRW 200 million from the Plaintiff on February 28, 2005 to H at that time, which was the representative director of the non-party company.
C. On March 5, 2005, the non-party company issued new shares 143,187 shares with capital increase (hereinafter “the instant capital increase”). The Plaintiff invested KRW 200 million in its own name and acquired 20,000 shares of the non-party company’s new shares (the face value of KRW 5,000 per share, and the issue amount of KRW 10,000 per share) in its own name.
Since then, the shareholders' general meeting of the non-party company reduced 60% of the capital of 7,875,280,000 won on March 28, 2008, and decided to retire 60% of the total number of shares issued without compensation. On July 24, 2009, the non-party company made a resolution to retire 3,150,110,000 won on July 24, 2009, 50% of the total number of shares issued without compensation. On September 29, 2009, the company made a resolution to reduce 50% of the total number of shares issued without compensation from 5,000 to 500 won on September 29, 2009. As a result, the shares held by the plaintiff in the name of I became 500,000 common shares with face value of 500 won.
E. Since then, the non-party company became 1,180,01 shares issued by offering new shares with 427,500 shares on October 9, 2009; 281,250 shares on December 17, 200 of the same year; and 1,180,01 shares issued by offering new shares with 156,250 shares on December 31 of the same month.
F. On February 17, 2014, Nonparty Company filed an application for commencement of rehabilitation procedures with the Daejeon District Court and is currently undergoing rehabilitation procedures.