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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B Co., Ltd. (hereinafter “subject company”) and Korea Co., Ltd. (hereinafter “Korea Co., Ltd.”) (hereinafter “Korea Co., Ltd.”) decided to make an investment in the projects for the co-development of biomass in the forest of China (hereinafter “herified Project”), and established C Co., Ltd. (hereinafter “C”) which is a special purpose company on June 11, 2010, by jointly investing in the target company, Hanhwa, and the Agricultural C Co., Ltd. (hereinafter “C”).
B. However, on November 29, 2010, the Agricultural Development Bank, the principal creditor bank of the Agricultural Triwon month, notified that it is not possible to transfer the power generation business license to C on November 29, 2010, which is the Agricultural Triwon month.
C. On the other hand, on February 17, 2012, the subject company entered into a joint venture agreement with the effect that it will continue a heat consolidation project by converting the investment funds into investment in the agricultural liver and the agricultural china, and converting the investment funds of 3,400,000 (hereinafter “the investment funds of this case”) among the 6,90,000 Chinese china invested in C between the agricultural china and the agricultural china (hereinafter “the instant joint venture agreement”).
Accordingly, in order to liquidate C with the target company, Han C is to liquidate, and on April 30, 2013, an agreement was made to reduce the investment of the target company to 3,50,000,000,000 capital of the target company and to 7,25,000,000,000,000 capital of Han C.
E. On May 13, 2013, the Plaintiff acquired shares 351,600 shares and management rights of a stock company B (hereinafter “subject company”) owned by the Defendant, but paid 30 million won with the proceeds of transfer to the Defendant, and the Plaintiff acquired the guarantor’s status for one billion won against a single bank of the subject company borne by the Defendant, thereby allowing the Defendant to escape from the guarantor’s position.