1. The plaintiff's claims against the defendants are all dismissed.

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

Basic Facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on June 24, 2010 by the Plaintiff and Defendant C for the purpose of manufacturing and selling new and renewable energy.

At the time of incorporation, Defendant C was the only internal director of the Defendant Company, and the Plaintiff was the auditor.

B. The total number of shares issued at the time of incorporation of the Defendant Company was 20,000 shares (one share price was 1,000 won) but the total number of shares issued has increased to 100,000 shares by issuing new shares twice until July 31, 2012.

As of July 31, 2012, the Plaintiff held 50,000 shares, which are 50% of the total number of issued and outstanding shares, and remaining 50,000 shares, by Defendant C. However, at the time, the Plaintiff paid only 20 million won out of the share price to be paid by the Plaintiff (=50,000 shares x 10 million won). The remainder of 30 million won was paid by Defendant C on behalf of the Plaintiff, and the Plaintiff was treated as lending it to the Plaintiff.

C. Defendant Company issued new shares on January 4, 2014 and increased the total number of issued shares to 250,000 shares, but the Plaintiff did not additionally acquire new shares other than the existing 50,000 shares.

On January 8, 2014, the Plaintiff drafted a “agreement” with Defendant C as follows:

(hereinafter referred to as the “instant agreement”). B Auditor A shall resign from the position of auditor with the transfer of shares after the settlement of accounts in 2013, and the standards for dividends, etc. established after the settlement of accounts shall be based on the stock ratio as of December 31, 2013.

On March 31, 2016, the Plaintiff retired from office as an auditor of the Defendant Company.

E. On July 11, 2016, the Plaintiff entered into a share transfer agreement with Defendant C and the Plaintiff, instead of transferring 500,000 shares of the Defendant Company owned by the Plaintiff to Defendant C, with the effect that Defendant C would return the actual amount of investment KRW 20 million to the Plaintiff by August 31, 2016.

Defendant C remitted 20 million won to the Plaintiff on August 31, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, and .