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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Around September 2004, the Plaintiff and the Defendant agreed to jointly carry out a golf course construction project (hereinafter “instant project”) under the name of the Plaintiff, such as the purchase of a single land of Gyeonggi-gun EF Ri in the name of the Plaintiff (hereinafter “C”), and agreed to jointly carry out a golf course construction project (hereinafter “instant project”) between the Plaintiff and the Defendant on the same business agreement with the Plaintiff, 5,000 shares equivalent to 10,00 shares of C, which amount to 50% of the shares of 10,000 shares, from the Plaintiff.
(hereinafter “this case’s trade agreement”). On March 23, 2006, the Plaintiff: (a) transferred KRW 450 million to G members of the Female-gun’s Association; (b) transferred KRW 450 million from G to the said side; and (c) created the same external amount in which G invested in C on the same day; and (d) around November 2006, the Plaintiff stated that “G shall make the Defendant invest KRW 250 million in the company’s shares; and (b) around 2006, the Defendant shall yield 2.5% of each company’s shares to hold only KRW 47.5% shares; and (c) trust will be held in the name of KRW 500 shares to G.
Accordingly, the Defendant renounced 250 shares (2.5%) out of C’s shares to be transferred from the Plaintiff pursuant to the instant trade agreement, and paid 47.5 million won to the Plaintiff on December 14, 2006 (i.e., 4,750 shares x 10,00 won per share) to the Plaintiff on December 14, 2006, and acquired 4,750 shares out of C’s shares (47.5%) in his/her own name and H.
The Defendant invested KRW 7.45 billion in the instant business from September 2004 to July 31, 2006 in accordance with the instant business agreement.
C) On July 31, 2006, Dlimwa Co., Ltd. loaned KRW 30 billion from Dlimwa Corporation, on August 4, 2006, the Plaintiff paid KRW 7,285,830,000 to the Defendant, and KRW 5 billion to the Defendant as a partial return of each investment amount, and the Plaintiff paid KRW 2 billion to the Defendant around September 5, 2007.
C’s capital increase increase for new shares is KRW 400 million around April 2008.