beta
Text
1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company established on February 25, 2002 and engaged in software development business. Defendant B (hereinafter “Defendant B”) was established on June 3, 2009 as a company engaging in software development and sales business, and its trade name was changed to E on June 11, 2009, and it was changed to E on June 201.
Defendant C is the representative director of Defendant B, and Nonparty F is the representative director of the Plaintiff from February 2, 2002 to March 31, 2005, and is currently the Plaintiff’s director.
B. In around 2002, the Plaintiff developed software G G for internal collaboration and has improved and renewed the program each year (hereinafter “instant program”).
F was aware of Nonparty I and Defendant C through the introduction of the Plaintiff’s technical director around 2008, and the said three persons sought to establish a new corporation for the purpose of getting out the operational difficulties of the Plaintiff at the time and conducting the instant program business.
Defendant B was established in 50,000,000 capital on June 3, 2009, and Defendant C and I invested each of KRW 15,000,000 as capital.
At the time, Defendant C was registered as the representative director of Defendant B, I was registered as the director, and 40% of the shares of Defendant B belonged to F, 30% to Defendant C, and the remaining 30% to Defendant C respectively.
E. From July 1, 2009 to December 31, 2009, the Plaintiff and Defendant C attempted to transfer the instant program and the Plaintiff’s employees from the Plaintiff to Defendant B in order. Accordingly, around September 1, 2009, some of the Plaintiff’s employees were employed in Defendant B, and around January 1, 2010, the rest of the Plaintiff’s employees were employed in Defendant B.
F. From July 1, 2009, Defendant B sold the instant program to companies. From July 1, 2009 to December 31, 2009, 50% of the sales accrued from the sale of the instant program by Defendant B from July 1, 2009 to December 31, 2009 to the Plaintiff, and 50%.