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1. All of the plaintiff's lawsuits shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant (the first corporate name was “B,” but the corporate name was changed on August 2, 2016 to “C,” regardless of whether it was before or after the change of the name; hereinafter “Defendant”) is a company engaging in the distribution of petroleum products. The Plaintiff acquired 100% of the Defendant’s shares (40,000 shares) on September 15, 2014, thereby becoming the Defendant’s single shareholder from September 29, 2014 to September 15, 2015.
B. On December 31, 2014, the Plaintiff entered into a share transfer agreement (hereinafter “share transfer agreement”) under which 20,400 shares out of the Defendant’s shares were transferred to D from D to 10,200,000 won (hereinafter “share transfer agreement”) and entered into between D and D with respect to the management right and share transfer agreement under which 20,40 shares out of the Defendant’s shares were transferred to D without compensation (hereinafter “management right and share transfer agreement”) (hereinafter “the Plaintiff entered into an agreement on December 31, 2014 on the transfer of 20,40 shares out of the Defendant’s shares), and D around that time, completed the transfer of ownership in its name with respect to 20,40 shares out of the Defendant’s shares.
C. On July 7, 2015, D demanded that D convene a temporary general meeting of shareholders where D, etc. is appointed as a director on the grounds of the Plaintiff’s fraud and embezzlement. At the time, the Plaintiff, the representative director of D, on July 28, 2015, responded to the Defendant’s name, “D did not perform its duty to provide funds for the company’s operation prescribed by the agreement on stock transfer, settle funds invested by the Plaintiff for the Defendant’s operation, and jointly manage the company.” On August 5, 2015, the Plaintiff sent a reply that “D did not pay KRW 10,200,000 of the share acquisition price agreed to be paid by D to the Plaintiff from the share transfer and takeover agreement,” under the Plaintiff’s name.
The defendant at the time of September 15, 2015.