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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
A. A. The facts of basic facts [Matters agreed upon at the time of incorporation of a company]* Provisional : Establishment of a company as KRW 100 million * Establishment of a company as KRW 36% : Defendant (36%), Plaintiff (36%), E (E)(25%), and F (3%) officers * Chairperson of the representative director, Defendant representative director, Plaintiff 2 before the representative director * Matters agreed at the time of incorporation of a company: The Defendant provided Korea sales rights of exclusive energy technology developed by the E chairperson of Japan, and the Plaintiff provided 1 billion won in cash and agreed to incorporate a company with the above shareholders’ composition.
[The Agreement of this case] The conditions leading to the establishment of a corporation, a tentatively named Co., Ltd. (hereinafter “Company”) are as follows.
1. The defendant will provide innovative new energy technology developed by the chairperson of Japan E to the company.
1) A company has the exclusive right to sell in Korea. 2) A company has the exclusive right to do so by applying for a patent right related thereto to Korea.
3) The Defendant is responsible for the commercialization and sale of patents and technology developed by the Chairperson. 2. On February 28, 2013, the Plaintiff established a company by providing a total of KRW 1 billion capital in cash, including KRW 100,000,000, and invested as follows. 1) The Plaintiff’s composition: for the Defendant (36%), the Plaintiff (36%), E (25%) and F (3%) E (25%), the right of technical monopoly shall be allocated in royalty for the right of technical monopoly. 3. The Defendant is liable for contracts for the provision of exclusive technology, technical verification, and product sales, and the Plaintiff provides the company with KRW 1 billion to operate the company in cash. The Plaintiff and the Defendant established a temporary title C Co., Ltd. on February 28, 2013, the Plaintiff invested KRW 1 billion, including KRW 100,000,000,000,000,000,000,000,00.