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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B and D are 50% of their respective shares on July 3, 2006. Of each share, 5% of their shares should be the name of E, a accounting employee, and 10,000 common shares issued at par value 5,000 and established the Defendant Company. At the time of March 17, 2008, as of March 17, 2008, D, the representative director of the Defendant Company, among the above 10,00 shares, was 4,50 shares (45%), Defendant B, a director of the Defendant Company, was 3,50 shares (35%) and F (B’s shares as the same shares and as the auditor of the Defendant Company on March 26, 2008.
(2) The Defendant Company held each of 1,000 shares of E (10%) on October 29, 2009, and held 40,000 shares (10%). Accordingly, the Defendant Company held 18,00 shares (45%), Defendant B’s 14,00 shares (35%), F, and E respectively.
3) At the time of January 16, 2012, Defendant B sold 12,00 shares out of 14,000 shares of the Defendant Company’s shares, and as of January 16, 2012, the shares of the Defendant Company were owned by D 18,00 shares (45%) by G 10,00 shares (25%) by H and E, 4,000 shares (10%) by 4,00 shares (10%) by Defendant B and I, respectively, 2,00 shares (5%) by increasing capital on July 5, 2013.
B. The Plaintiff’s status and the Plaintiff’s share transfer/acquisition contract 1) the Plaintiff entered the Defendant Company’s management adviser around November 2006, and the Plaintiff used the Defendant Company’s position from August 2008 to November 2008, and used the Defendant Company’s president’s position from around November 2008 to the Defendant Company’s president, and invested in the Defendant Company from November 2008 (hereinafter “J”).
(2) On March 18, 2009, a share transfer agreement was concluded between the Plaintiff and Defendant B to transfer 5% of the shares of the Defendant Company that Defendant B held in title trust with Defendant B. Accordingly, on April 10, 2009, Defendant B decided to transfer 500,000 won of the shares to the Plaintiff.