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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the manufacture, sale, etc. of special fibers. Defendant C is a representative director of the Defendant Company until November 18, 2009, and a company director until November 26, 2013, respectively. Defendant D is a person who is working as the representative director of the Defendant Company and operates the Defendant Company as of the date of closing argument in this case.
B. On December 20, 2009, the Plaintiff agreed to pay the investment amount to the Defendant Company by acquiring new shares issued by the Defendant Company (hereinafter referred to as the “instant new shares acquisition contract”); the Plaintiff’s “investors” as of the end of the new shares acquisition contract (hereinafter referred to as the “instant new shares acquisition contract”); the Plaintiff’s stamp image is affixed to the “investment company”; the “investment company” is the Defendant Company’s stamp image; the Defendant C’s stamp image is the Defendant Company’s stamp image; and the “sureties” is the Defendant D’s stamp image.
Article 1 (Purpose of this Agreement) The purpose of this Agreement is to confirm the rights and obligations arising between the Plaintiff and the Defendant Company, and C in the course of the Plaintiff’s participation in the capital increase implemented as part of financing required for the development or commercialization of technology by the Defendant Company.
Article 10 (Terms and Conditions of Issuance and Acceptance of Stocks) (1) The Defendant Company shall issue to the Plaintiff a resolution for capital increase of 30,000 won per share with a registered common share of 5,000 won per share with a face value of 26,667 won per share.
(2) The Plaintiff shall subscribe to the shares under Paragraph (1) allotted by the Defendant Company, and the total amount of subscription is 800,010,000,000,000,000 won that the Plaintiff lent to the Defendant Company, and the Plaintiff shall be refunded to the Plaintiff after capital increase.
(3) The Defendant Company shall implement all the procedures for issuing the above shares necessary for the Plaintiff to underwrite the shares, and the Plaintiff shall pay the shares in accordance with such procedures.
Article 11 (Prohibition of Transfer and Transfer of Technology and Competitive Practices)