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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Progress of this case
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) was established on May 26, 2009, and Defendant C operated the Defendant Company as the largest shareholder of the Defendant Company, and on December 20, 2009, the Plaintiff agreed to pay the investment amount to the Defendant Company by the method of acquiring new shares issued by the Defendant Company (hereinafter “instant new shares subscription contract”), and on the new shares subscription contract prepared at the time (hereinafter “instant new shares subscription contract”), Defendant C affixed a seal on the guarantor.
B. The key point of the instant new shares subscription agreement is to issue 26,667 common shares with a face value of 5,000 won per share to the Plaintiff with a face value of 30,000 won per share. Article 20 of the said agreement is that the Plaintiff may request the Defendant Company and D to purchase the shares of the Defendant Company owned by the Plaintiff even in any of the relevant dates, when any of the following grounds arises after paying the investment amount, as the title of the recovery of the investment amount. The Defendant Company and D must pay 5% of the principal amount invested by the Plaintiff and the amount from the date of the investment to the date of recovery. The Defendant Company and D provide for the prolongedness of the Defendant Company’s operation suspension.
C. On December 24, 2009, the Plaintiff paid KRW 800,000,000 for the subscription price of new shares to the Defendant Company and acquired KRW 26,667 for the shares of the Defendant Company. On August 18, 2011, the Plaintiff paid KRW 600,000 for the subscription price of new shares to the Defendant Company and acquired KRW 13,676 for the shares of the Defendant Company.
On August 1, 2011, the Plaintiff was appointed as the representative director of the Defendant Company, and was dismissed on January 5, 2012.
The Plaintiff filed a lawsuit against the Defendant Company, etc. seeking payment of the purchase price, etc. on the ground that the extension of operation of the Defendant Company pursuant to Article 20 subparag. 2 of the New Stock Subscription Agreement (Seoul Southern District Court 2014Gahap13601), but the Plaintiff’s claim was dismissed.