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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The status of the parties 1) Defendant B is Defendant E Co., Ltd. (hereinafter “Defendant Company”).
A) A person substantially operating the company, and Defendant C is registered as the representative director of the Defendant Company until August 13, 2012 as the co-borns of Defendant B, Defendant C is currently registered as the representative director of the Defendant Company, and Defendant D is currently registered as the representative director of the Defendant’s company. 2) The Plaintiff is a person who has invested capital, etc. to establish the Defendant Company.
B. At early 2009, the Plaintiff established a construction company from Defendant B, which was offered a proposal to the effect that the business was defective by establishing the construction company. On May 18, 2009, the Plaintiff transferred KRW 940,000,000 to the Defendant C’s account under the name of the Dong in B for the establishment of the company. (2) On May 19, 2009, the Plaintiff and the Defendant B transferred KRW 940,000,000, out of KRW 940,000,000 remitted by the Plaintiff on May 19, 2009, the Plaintiff established the Defendant Company as the representative director, and registered Defendant C as the Defendant Company, and the Defendant Company’s shares were owned by Defendant C as 49, F, G, 20, and H 11 per cent in the form of capital.
C. Around January 201, each of the shares in H and F are transferred in the name of Defendant C’s wife. Around January 201, the shareholder registry of the Defendant Company entered that Defendant C owned 49%, G 20%, and I owned 31%. (2) Defendant D purchased 50,000 shares of the Defendant Company (14,30 shares from Defendant C, I purchased 21,700 shares from G, and 14,000 shares from G) on April 1, 2012. At present, Defendant D’s shareholder registry of the Defendant Company stated that Defendant C owns 50,00 shares (71.4%) and 20,00 shares (28.6%).
The Plaintiff filed a lawsuit against Defendant Company, D, and C on May 20, 2013 against the Defendant Company, D, and C for the verification of shareholder rights, as the Ulsan District Court 2013Kahap3596.
On August 28, 2014, the above court held that the Plaintiff is a de facto shareholder who bears all KRW 700 million for the share acquisition price of the Defendant Company.