1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C (hereinafter “C”) is a corporation established on November 20, 2012 and is the representative director of the Plaintiff, as a corporation for the purpose of manufacturing and selling electronic (energy pain).

B. The shareholder of C consists of 600 shares in the Plaintiff’s name (20 percent in shares), 1,500 shares in the Defendant’s name (50 percent in shares), and 900 shares in the name of Nonparty D (30 percent in shares).

[Ground for recognition] Unsatisfy, Gap evidence 4 (including virtual number)

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Plaintiff established C, while starting a business, was to receive a loan (or investment) from the Defendant for operating funds. The Plaintiff invested the initial equity capital and purchased a total of KRW 166 square meters per share of KRW 3,00,00 per share of KRW 166 square meters, which was introduced by the Defendant to the factory site, and issued a total of KRW 3,500 square meters per share of KRW 166,00 per share, and registered with the Defendant as the shareholders and directors listed in the attached list (hereinafter “instant shares”). The Defendant’s shareholder’s name was limited to the name of the Defendant only until the full payment is deferred, instead of paying off the borrowed money, and the Defendant’s share was a nominal trust share. The Plaintiff was fully repaid the money, and the Plaintiff owned the instant shares upon termination of the title trust agreement by mail of content certification as to the instant shares.

B. 1) Inasmuch as a person registered as a shareholder in the register of shareholders is presumed to be the shareholder of the company and has the burden of proof to reverse that person’s shareholder rights, in order to have the burden of proving that person is presumed to be the shareholder of the company, the name of the shareholder in the register of shareholders was trusted, and in order to have a separate shareholder as his/her name borrowed, the said person ought to be proven in accordance with the foregoing legal doctrine (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014).