주금 상환 청구 등
1. Of the judgment of the court of first instance, KRW 5,00,000 against the Plaintiff and its related amount from September 1, 2015 to June 10, 2016.
1. Determination on the claim for redemption of shares
A. The facts of recognition 1) C, D, and Defendant decided to establish a company as well as around April 201, and established the Plaintiff Company on June 7, 2011. (2) At the time of the incorporation of the Plaintiff Company, C decided to issue a total of KRW 11,000 per share ( KRW 10,000 per share). Of them, 5,280 shares were allocated to C, and 2,860 shares were allocated to D and Defendant respectively.
The defendant accepted the allocated shares in the name of E, which is the spouse of C, and D accepted the shares in the name of F, one of his spouse.
3) As to the issuance of shares under the above (2) at the time of the incorporation of the Plaintiff Company, C borrowed KRW 110 million equivalent to the total share capital and paid the share capital after paying the share capital, and then withdrawn it after the incorporation of the Company and repaid it.
4) The Defendant filed a lawsuit with the Jeonju District Court rendered a favorable judgment on November 27, 2014 with the purport that “The Defendant shall confirm that the Defendant has a shareholder’s right to 2,860 shares listed in the name of Plaintiff E among the shares issued by the Plaintiff Company,” and that the judgment became final and conclusive. [In the absence of any dispute over the grounds for recognition, the Plaintiff’s statements in subparagraphs 1, 3, and 1, and 1, and 1, and the purport of the entire pleadings.”
B. In the case of the establishment of one company or the increase of capital as to the cause of the claim, the validity of the payment of share capital cannot be denied even in the case of the so-called lump-called lump-sum payment of share capital by withdrawing the said share capital and repaying the borrowed money after taking the form of the payment of share capital with temporary loans. Therefore, the payment procedure of share capital shall be completed once, and the obligation of share capital payment shall be terminated.
However, in such lump sum payment, the company has temporary loans and can be seen as having paid in advance the shares of shareholders. Therefore, after the procedure for the payment of shares is completed, the company is delayed for the shareholders.