1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

1. Basic facts

A. The instant company is a legal entity established at the North-si of China in accordance with the People’s Republic of China Act of August 17, 2001 (hereinafter “China”) for the purpose of research, production, and production of computer software and hardware.

B. The articles of incorporation of the company of this case set the total amount of investment of the company of this case as US$ 1,000,000, among which the plaintiff makes an equity investment, US$ 100,000, US$ 410,000 (share 41%) of defendant B, US$ 340,000 (share 34%) of Eul, and US$ 150,000 (share 15%) of E in cash.

C. From October 2001 to October 2002, the Plaintiff transferred USD 100,000 to the instant company, USD 303,000 to the Defendant B, USD 102,00 to the D, and USD 100,000 to the instant company.

이 사건 회사의 동사회(董事會)는 2003. 4.경 이 사건 회사의 지분 100%를 피고 B가 소유한다는 내용으로 이 사건 회사의 정관을 개정하여 중국 당국의 허가를 받았고, 피고 B는 2003. 6. 26. 피고 주식회사 C(이하 ‘피고 C’라 한다)에게 이 사건 회사의 지분 100%를 양도하였다.

Defendant C, around July 24, 2003, remitted the remaining investment USD 395,060 to the Plaintiff, Defendant B, D, and E with the investment amount of the instant company: USD 605,00 ($100,000 to USD 102,000) or KRW 604,940 to the instant company’s account due to remittance fees. The above USD 395,060 to the total investment amount of the instant company and USD 1,000 to KRW 604,940 deposited with the instant company. The remittance was made to the instant company.

Since then, Defendant C publicly announces through business reports, etc. that Defendant C owns 100% of the shares of the instant company.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 6, 7, 10.