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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The parties’ relationship 1) C Co., Ltd. (hereinafter “C”)
(E) is a company with the objective of providing educational services via the Internet, and is E (hereinafter “E”).
(2) The purpose of the Plaintiff is to provide management consulting services, management consulting services, etc.). The Plaintiff, as an underwater language professional instructor, served as C’s representative director from September 16, 2010 to January 24, 2013. The Defendant served as C’s inside director and the representative director from January 24, 2013 to March 18, 2014.
B. Around August 16, 2010, the Plaintiff acquired C’s shares 2,941,679 shares (or equivalent to KRW 28.87%, KRW 1,470,839,50) in the name of E; on October 28, 2011, the Plaintiff received C’s shares 2,915,644 shares free of charge from F, the largest shareholder of C, under the name of E; and owned C’s shares 5,857,323 shares (51.21%) in the name of E.
C. Around December 9, 2011, C issued new shares (ordinary shares in an amount equivalent to KRW 563,250,112,650,000). The said new shares were allocated in the name of the Plaintiff on or around December 14, 2011. (2) The Defendant borrowed KRW 700,000 from G on December 13, 201, and the Defendant actually operated E Co., Ltd (this later changed its trade name to “M of the Co., Ltd.”), and C entered into a monetary loan agreement with the Defendant to guarantee the Defendant’s debt borrowed from the Defendant’s G.
3. 70 million won borrowed from G was deposited into the National Bank account in the Defendant’s name on December 13, 201, and was withdrawn on the same day and deposited into the Defendant’s name Nonghyup Bank account.
Meanwhile, the Plaintiff received a loan of KRW 50 million and deposited it into the Plaintiff’s name bank account on December 13, 201. On the same day, the Plaintiff deposited KRW 520 million in the said agricultural bank account under the Defendant’s name and deposited KRW 425 million in the said agricultural bank account under the Defendant’s name, and transferred KRW 1.12,65 million in total to the Plaintiff’s national bank account on December 14, 201, and on the same day, KRW 1.122,65 million in total, borrowed from G, was transferred to the Plaintiff’s name on December 14, 201.