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1. The part concerning the plaintiff A in the judgment of the first instance shall be revoked.
2. The plaintiff A's lawsuit shall be dismissed.
3. Plaintiff B-.
Reasons
1. Basic facts
A. The parties concerned Plaintiff A owned 70% of F’s shares as representative director of F Co., Ltd., Ltd. (hereinafter “F”), and Plaintiff B owned 30% of F’s shares as Plaintiff A’s children.
B. Around July 2002, the Director of the People's Republic of China of the People's Republic of China of the first instance co-defendant D LLC (hereinafter "D")
At the time of establishment of D, F owned all of its shares, and Plaintiff A, Plaintiff A, Plaintiff B, and Defendant appointed as the head of the headquarters. 2) D established a limited G Corporation (hereinafter “G Corporation”) at the Northbuk-si, China around January 2007.
C. Around October 2007, F promoted a merger with the U.S. H company with the establishment of a limited liability corporation and the acquisition of the business assets of the G corporation. In order to maintain the management right for the G corporation, the Plaintiff A established a separate corporation at the port of China and ordered the Defendant to take over all the business and assets of the G corporation. Accordingly, on May 29, 2008, the Co-Defendant E (E) of the first instance trial on Co-Defendant E (hereinafter “E”).
2) At the time of the establishment of E, Plaintiff B held 75% of the shares, the Defendant held 25% of the remainder, the Defendant held F’s general secretary and vice-director, the Defendant as the Dong President, and Plaintiff B as the Dong President.
3) Meanwhile, on June 13, 2008, Plaintiff A deposited US$ 29,940 (Korean US$ 307,000,000) in the Defendant’s account for the purpose of investing in E, and on June 16, 2008, the Defendant invested US$ 80,700 in the Plaintiff’s name, 212,50 in the Defendant’s name.
Plaintiff
Around September 2008, the Plaintiff B drafted and delivered a transfer contract to the Defendant to the effect that the Plaintiff B’s waiver of preemptive rights and the shares of the Plaintiff B are transferred to the Defendant the share of 75% of the E owned by the Plaintiff B.