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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant’s conclusion of an investment contract and payment of investment money 1) Plaintiff (the first one was “C”) and the first one was changed into “D Co., Ltd.” on September 19, 2008, and on January 21, 2010.
(2) On July 3, 2008, the Defendant was proposed to make an investment in the Plaintiff through K on July 3, 2008.
The defendant accepted the above proposals and made the same year as July 4, 2008
8. 28. The Plaintiff paid a total of KRW 2 billion to the Plaintiff.
3) The Plaintiff and the Defendant, while making the said KRW 2 billion an investment, received an investment in total of KRW 2 billion from the Defendant on July 14, 2008 and August 29, 2008 on two occasions. In return, the Plaintiff and the Defendant transferred 20% of the Plaintiff’s shares to the Defendant and entered into an investment contract to register the Defendant in the register of shareholders by the end of October 2008 (hereinafter “each of the instant investment contracts”).
B. (1) At the time of entering into each of the instant investment contracts, the Plaintiff’s total number of shares issued was 10,000 shares, and F and G, the representative director of the Plaintiff, owned 5,000 shares, respectively.
2) On November 14, 2008, and January 21, 201, and June 24, 201, the Plaintiff conducted capital increase by converting loans to the Plaintiff from F, G, and H into investment on three occasions over three occasions. The Plaintiff’s total number of outstanding shares is 4,10,00 shares, registered common shares with a face value of 5,00 (6.83%). At present, F is 274,00 shares (6.8%) at 274,00 shares, G is 20,00 shares (4.8%) at 20,00 shares (1.46%) at 6,00 shares (1.46%) by J, 10,00 shares (24.39%) and H owns 10,00 shares (2.4%) at 10,000 shares (hereinafter “existing shareholders”).
(C) C. (1) The Plaintiff filed an application with the Defendant for arbitration seeking confirmation against the Defendant that “the Defendant is not in the Plaintiff’s shareholder status” under Article 1213-015 of the KCAB Arbitration Act.
In the above procedure, the Defendant filed a counterclaim against the Plaintiff as the head of 1212-0015 of the same medium-sized arbitration.
2. On December 17, 2012, Korea Commercial Arbitration Board (Korean Commercial Arbitration Board) is the Plaintiff.