Text
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 E Co., Ltd. (hereinafter “E”) is a company established on December 6, 2005 for the purpose of manufacturing and selling cremation and incineration channels used in crematoriums. Defendant B is the representative director of Defendant E, and Defendant C and D are the persons registered as E directors.
The shares issued by E are 34,450 shares for Defendant B, 2,00 shares for Defendant D, and 22,000 shares for Defendant C, respectively.
B. Around March 26, 2007, the Plaintiff and F signed an agreement with Defendant B representing E, stating that “the Plaintiff and F may claim an amount of money invested or an amount equivalent to or more than the amount of money invested by the Plaintiff and the Plaintiff may claim compensation for damages if the Plaintiff and F did not comply with all the terms and conditions of the agreement” (hereinafter “the first agreement”). The agreement was signed that “The Plaintiff and F may claim the amount of money invested or the amount equivalent to or more than the amount of money invested by the Plaintiff and F,” and that “E shall be paid KRW 1.5 million from June 2007 to the Plaintiff and F, and shall be paid KRW 25,500,000 per month from June 25, 2007 to the Plaintiff and F.
C. Around March 29, 2007, the Plaintiff and F made an agreement containing the content that “the Plaintiff and F shall invest KRW 100 million in each of the above businesses, and E shall pay KRW 200,000,000,000 per month to the Plaintiff and F from June 2007, respectively, and E shall not delay or install shock and machinery and equipment in the hydro-si Scule, or if one of the parties fails to fulfill the conditions of the agreement, the other party may claim an amount equal to or more than the amount of the investment amount (hereinafter “the second agreement”), the first agreement, and the second agreement.”
Around March 23, 2007, the minutes of E’s board of directors containing the following contents (hereinafter referred to as “the first minutes of E’s board of directors”) were recorded, and the said minutes are stamped by each of the Defendants’ seals on the name side of the Defendants. The minutes of the board of directors (as of February 2.).