2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. On December 9, 2010, the Defendant established the Plaintiff and appointed as a representative director. On January 2, 2013, the Defendant resigned from office as the representative director again on May 20, 2013, and held 30,000 common shares issued by the Plaintiff.

B. After establishing the Plaintiff on December 9, 2010, the Defendant withdrawn KRW 300,000,000 of the Plaintiff’s capital. Of these, KRW 288,000,000 among them, the representative director is placed in the president of the Defendant’s account as temporary provisional payment, and thereafter, the said president’s provisional payment and collection are included in KRW 362,00,000 as of December 31, 2013.

C. On October 29, 2014, the Defendant resigned from the Plaintiff’s representative director, and on the same day, B was appointed as the Plaintiff’s internal director on May 13, 2015, and was appointed as the representative director.

On March 31, 2015, the defendant entered into a transfer contract with B on 30,000 shares of the plaintiff, and transferred it to B.

E. B transferred KRW 24,086,671 to the Plaintiff’s bank account on December 12, 2014 under the pretext of the recognition of the said provisional payment.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 23, Eul evidence 19 and 24 (including serial number), the testimony of the witness D of the first instance court and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant: (a) withdrawn and used the Plaintiff’s capital; and (b) disposed of the withdrawn amount as the provisional payment by the representative director on the Plaintiff’s account book; and (c) the representative director, which was stated in the account book as of December 31, 2013, came to have reached KRW 362,00,000 in the name of the provisional payment.

The plaintiff seeks payment of KRW 30,000,000, which is a part of the plaintiff, to the defendant.

B. Although Defendant 1 asserted that the Plaintiff would return the Plaintiff’s money that the Defendant voluntarily withdrawn and consumed as the provisional payment, it is unclear whether the amount is the payment liability for the share capital, the claim for return of loan, and the claim for return of unjust enrichment. Thus, the cause of the claim in this case is the cause of claim.