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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
On June 17, 1998, C Co., Ltd. (hereinafter referred to as “C”) established for the purpose of real estate leasing and selling business, etc., and issued 50 million won per share at the time of its establishment, 10 million won per share (total face value of 50 million won per share) and 30 million won per share (total face value of 150 million won per share) on January 27, 1999. The Plaintiff was a person who had worked as the representative director of C from the time of its establishment to January 16, 2009, and the Defendant is the representative director of C at present.
(A) On April 21, 2000, the Plaintiff Company F, an affiliate affiliated with D Group E, which was a major shareholder, had been holding an auction procedure for the said golf club site with respect to the said golf club site in the Gyeonggi-si. H (hereinafter “H”) which was a subsidiary of C established on April 21, 2000, participated in the said auction procedure and changed the said golf club site into J golf club (hereinafter “instant golf club”). Around April 200, the said golf club site was awarded a successful bid of 12.5 billion won and paid a full payment of the bid price on June 200, and changed its name to J golf club (hereinafter “instant golf club”).
(A) Nos. 2 and 7-1). C, through H, issued 360,00 shares of KRW 5,000 (a total face value KRW 1.8 billion; hereinafter “instant new shares”) on May 31, 200 with a view to raising funds necessary for the successful bid of the instant golf course, and thereby, C’s total number of shares issued was 40,000 shares, and following the issuance of the instant new shares, C’s shareholders’ list prepared on June 1, 200, which was 394,000 shares, was listed as shareholders owned by the Plaintiff as 2,50 shares, K, and L, 2,500 shares, and M, 1,00 shares.
(A) Evidence Nos. 16 through 20-1 and Evidence No. 7-1). C, such as an agreement between the Plaintiff, Defendant, and E related to the instant shares, issued the share certificates of the instant new shares on or around September 200, and around that time, the Plaintiff issued the share certificates of the instant new shares. The sum of the face value of 55% of the C shares to the Defendant on the job where the Defendant and E met.