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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 Plaintiff is the representative director of C (hereinafter referred to as “C”) with the aim of solar power generation projects and aggregate extraction business, and the Defendant was a person who served as the representative director under the above D’s name from October 22, 2013 to January 13, 2015 upon Nonparty E’s request, who actually operated a limited liability company D (hereinafter “D”).
B. On June 25, 2013, C entered into a transfer agreement between the Plaintiff and the Defendant and the instant Notarial Deed No. 1) and entered into a new “Joint Business Investment Convention” with the following content as “Joint Business Investment Convention” between D, and from June 25, 2013 to July 7, 2014, C invested KRW 1.55 billion in D on several occasions. 2) As C did not appropriately execute the funds invested by D, C entered into a new “Joint Business Investment Convention” with the following content as amended on May 26, 2014 (hereinafter “instant Investment Convention”). On June 2, 2014, C entered into a new certificate with the same content as Gwangju P Pju Law Firm No. 2082, Jun. 2, 2014:
(‘A' means the plaintiff, and ‘B' means the defendant, respectively) and Article 2 (Mutual Position and Duties between A and B) of the Joint Project Investment Agreement, respectively, perform duties based on the principles of trust and mutual supplementation in mutual cooperation.
A: (1) Securing funds necessary for the above project and executing the funds needed for the project; (2) reviewing the adequacy of the funds required; and (3) on the full-time inspection of the personnel and equipment adopted by Section B: All plans and implementation (hereinafter omitted) Article 3 (Basic Conditions).
4. If necessary, A may audit and inspect the details of the funding of B, and B shall secure transparency and evidence in the financing execution.
Article 7 (Supply of Production Facilities and Human Resources Management)
1. Of course equipment, facilities, human resources, etc. under the extraction of aggregate and the extraction of earth and stones may be consulted with A and finally with B;