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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant E served as the representative director of the F Co., Ltd. F (hereinafter “F”), and Defendant D served as F’s management director, respectively. From around 2007, F had contact with Defendant C for the purpose of attracting investment.
B. Around November 2007, Defendant C introduced that the loan of funds to Defendant B, a branch office, would be able to obtain interest income if it lends funds to F, and requested Defendant C to make an investment in G (hereinafter “G”) that he plans to establish.
C. Defendant B introduced F to receive an inquiry from the Plaintiff, who is the wife of Defendant B, about the operation of surplus funds, and decided to engage in financial transactions under the name of Defendant B. The Plaintiff transferred KRW 185 million to Defendant D’s account on December 27, 2007 for the purpose of lending funds to F.
In addition, Defendant B introduced the Plaintiff to the Fund Management Office, and on February 21, 2008, the Plaintiff transferred KRW 170 million to Defendant C’s account, the wife of Defendant C, to the Plaintiff.
E. On February 28, 2008, G was established on February 28, 2008, Defendant B’s wife acquired the operating right from Defendant C and was appointed as the representative director on October 20, 2008, and Defendant B was appointed as the auditor on the same day.
F. On May 15, 2008, F drafted a written confirmation of payment that “F will pay KRW 200 million borrowed on March 31, 2008 (hereinafter “the instant loan”) by May 21, 2008” (hereinafter “written confirmation of payment”).
G. When F was unable to comply with the instant payment confirmation, on June 2, 2008, it decided to repay the loan amounting to KRW 200 million until June 10, 2008, and did not comply with it, F re-written a written confirmation of transfer of shares equivalent to the above KRW 200 million out of the F shares owned by Defendant E (hereinafter “instant confirmation”). On June 11, 2008, as F failed to repay the above KRW 200 million, it transferred to Defendant E-owned shares.
(h) F does not repay the instant loan.