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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. Status 1 of the parties ) The Plaintiff Co., Ltd. E (hereinafter “Case Principal Company”).
(ii)A shareholder holding 31,800 Preferred Shares, 11,200 Preferred Shares, 11,200 Preferred Shares (33.81 per cent of the total number of outstanding shares, and 33.81 per cent below the decimal point). (ii) A Co., Ltd. (hereinafter referred to as “D”) is a company to which the Plaintiff received 74,200 Preferred Shares from the Plaintiff.
F served as D’s internal director from December 1, 201 to January 9, 2017, and as D’s joint representative director from September 1, 2014 to January 9, 2017, respectively, and died on October 2017.
G served as a joint representative director from September 1, 2014 to April 23, 2015.
B. The instant principal company’s act of occupational breach of trust against the instant principal company and occupational embezzlement 1) was the Plaintiff’s subsidiary, and the Plaintiff owned 100% of the shares of the instant principal company. The Plaintiff’s representative director H decided to transfer the shares and management rights of the instant principal company to G, I, and F around early 2015, but G, I, and F did not have any funds to acquire the instant principal company. (2) G, I, and F acquired KRW 74,200,00, out of the shares of the instant principal company owned by the Plaintiff around April 27, 2015, KRW 70,000,000, among the shares of the instant principal company owned by the Plaintiff. The conclusion of the instant purchase and sale contract and the payment of the purchase and sale price of shares were made with a promise to implement prior to December 2015, and received the purchase price as the management right of the instant principal company as the representative director of G, I, and the head of the instant corporate office as the management support director.
3 G, I, and F have failed to prepare KRW 5.5 billion out of KRW 7 billion of the acquisition fund of the instant principal company, and K, which is engaged in corporate acquisition-related consultation and intermediation of corporate bonds, has introduced L, and has solicited them to seek advice on the method of raising the deposited assets of the instant principal company as collateral and to prepare the acquisition fund, and then the F on November 1, 2015.