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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s acquisition of a promissory note in the name of D Co., Ltd. was delivered a blank note issued in D (hereinafter “D”) as collateral to E while lending KRW 6 billion to E.
E In order to fail to repay the above loans, the Plaintiff drafted a promissory note No. 117 of 2009 in the said blank note as the Plaintiff and F Co., Ltd. (hereinafter “F”), the face value of which is KRW 13.7 billion, the issue date is as of July 28, 2009, and the due date is as of July 28, 2009, and then filled up the notarial deed of promissory note No. 117 of 2009 (hereinafter “the notarial deed of this case”).
B. The Plaintiff entered into a contract for acquisition of shares and management rights with G. 1) The Plaintiff is a corporation H (which is changed to G corporation on August 3, 2009; hereinafter referred to as “G”) whose main business is the production of car cameras in its name around August 4, 2009 under the name of APel and Ameras.
A) The agreement on acquisition of part of the shares and management rights to acquire 66,66 shares of G (39.21%) and part of the management rights to acquire 4.2 billion won (hereinafter “G’s share and management rights acquisition agreement”) between I and I, the representative director of G (hereinafter “the agreement on acquisition of shares and management rights”).
(2) In the process of concluding a transfer agreement, the Plaintiff issued the instant promissory note to I in lieu of the payment of KRW 3.7 billion out of the transfer price, and agreed to pay KRW 520 million for the remainder of the transfer price to I by September 15, 2009. Accordingly, the Plaintiff entered into a contract for acquisition of stocks to receive KRW 500 million for the instant promissory note as payment of a part of the transfer price to I on August 4, 2009. (2) On August 4, 2009, the Plaintiff entered into a transfer agreement with I on August 4, 2009, between I and Defendant C, J, and K, under the name of the Plaintiff, and I on behalf of the Plaintiff, to receive KRW 49,333 shares of G shares owned by the Defendant, KRW 10,67 shares of G shares owned by J, and KRW 66,66 billion shares of G shares owned by K to receive KRW 3.7 billion.
In addition, August 3, 2009.