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1. The plaintiff (Counterclaim defendant)'s principal suit against the defendant (Counterclaim plaintiff) C shall be dismissed.
2. The plaintiff (Counterclaim defendant).
Reasons
1. Basic facts
A. Defendant B’s establishment 1) Defendant C and D, from around 1989 to the same industry, have invested their capital on January 4, 199 and engaged in manufacturing and wholesale business for the purpose of manufacturing and retail business for a large time (hereinafter “E”).
(2) After the joint establishment of Defendant C and D jointly established Defendant B (hereinafter “Defendant Company”) with a view to the establishment of a company capable of performing comb construction in addition to the manufacturing of combs. On October 8, 2002, Defendant C and D established the Defendant B (hereinafter “Defendant Company”).
3) At the time of incorporation, the Defendant Company issued 30,000 common shares with the par value of KRW 10,00,000, and jointly invested capital of KRW 300,000,000 with Defendant C. Defendant C and D decided to title trust shares of KRW 1,50,00,00 each of the Defendant C and D with their respective Dongs in order to meet the requirements for promoters at the time of incorporation. After Defendant C and D decided to title trust shares of KRW 1,50,00 each of them with each other, Defendant C and D acquired 13,50,50 shares (45%) and G, a partner of the Plaintiff and D, and D, with the four promoters, completed the registration of incorporation by preparing the articles of incorporation of the Defendant Company. (B) around August 204, G transferred the shares of the Defendant Company to H who assumed office as the auditor of the Defendant Company.
2) Around December 21, 2004, Defendant Company increased the total number of shares issued by Defendant Company to 40,000 shares, and increased its capital to 400,000,000 shares to 400,000 shares, and allocated shares in proportion to the share holding ratio. Accordingly, Defendant C and D held shares of Defendant C and D to 18,00 shares, respectively, and Plaintiff and H held 2,00 shares, respectively. 3) Defendant C and D settled a partnership around April 2006, Defendant C and D agreed to divide the shares and management rights of Defendant Company, and D divided the shares and management rights of Defendant E.
D. This is the defendant corporation that it has held.