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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
(1) On February 2008, C Co., Ltd. (hereinafter referred to as “C”) was established as a company that carries on solar energy-saving projects, and issued shares of 20,000 (10,000 per share) in D, E, and F.
However, H Co., Ltd. (hereinafter “H”) operated by G et al. accepted all the shares of H around August 2009, and C changed its trade name into I Co., Ltd. (hereinafter “I”) on August 6, 2009.
D. Around March 10, 2010, the Defendant assumed office as the representative director of I, and I, on April 28, 2010, issued capital increase of 15,000 shares (one share value of 10,000 shares). Of them, the Defendant, 100 shares of J, 5,000 shares (the shares of H are total 25,00 shares) increased.
However, there was no price paid by the Defendant to I in relation to the issue of capital increase.
Abstract: (i) on April 5, 201, K Co., Ltd. and September 7, 2011, the trade name was changed to L Co., Ltd. (hereinafter “L”).
The defendant shall continue to serve as a representative director of L.
x. L, due to the aggravation of financial standing, etc., the rehabilitation procedure commenced on December 3, 2013 by the Changwon District Court 2013 Gohap41, and the rehabilitation procedure (hereinafter “instant rehabilitation procedure”) was initiated, and the shares in the name of the Defendant and the name of the J were retired by 50% (the shares of the Defendant: 7,500 shares, J shares: 5,00 shares, and H shares were retired by 10%.
Ultimately, the Defendant holds the same shares as the current attached list (hereinafter “instant shares”).
(v) The Plaintiff invested funds in G or H several times in the solar power generation project. The Plaintiff, as the head of G, transferred funds in the name of H on September 29, 2008, KRW 30 million, KRW 20 million on October 9, 2008, KRW 20 million on November 10, 2008, KRW 50 million on January 9, 2009, KRW 150 million on March 9, 2009, and KRW 30 million on March 9, 2009, KRW 150 million in the name of the head of H in the name of the head of the Tong, and the transferred funds was immediately deposited in the name of H in the name of the head of the Tong.
⑹. 원고는 이 사건 회생절차에서 2013. 12. 30. 218,000...