주금납입등
1. The defendant shall pay 105,00,000 won to the plaintiff and 20% per annum from June 29, 2013 to the day of complete payment.
1. Determination as to the cause of claim
A. 1) The Plaintiff completed the registration of incorporation on December 13, 2005, and the Defendant was a person who served as the representative director of the Plaintiff Company from March 29, 2006 to November 16, 2010. 2) The Defendant voluntarily withdrawn KRW 42,986,900 from the passbook of the Plaintiff Company’s corporate head on May 26, 2006 and used it for an individual purpose.
3) On April 7, 2006, the Plaintiff issued new shares of 25,000 common shares (value of KRW 10,000 per share) and increased the capital. The Defendant deposited KRW 250,000,000 with the above new shares to the Plaintiff’s bank account (Account Number C) and issued a certificate of stock payment custody from the above bank on the same day, and then withdrawn the total amount of the above shares. 4) On April 11, 2006, the Plaintiff issued new shares of 25,000 common shares, 45,000 common shares (value of KRW 10,000 per share) and withdrawn the total amount of the shares after receiving the certificate of stock payment from the above bank’s account on the same day.
[Reasons for Recognition] The descriptions of Gap evidence 1, 3, 5, Eul evidence 1, and the purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay KRW 62,986,90,100 as the return of unjust enrichment to the plaintiff, since he voluntarily withdraws KRW 42,986,90 from the passbook in the name of the plaintiff on May 26, 2006 to obtain profit equivalent to the above amount and incurred losses to the plaintiff. As such, the defendant is obligated to return the above KRW 42,986,90 as unjust enrichment to the plaintiff. The defendant is obligated to immediately withdraw the share capital for the new shares issued on April 7, 2006 and April 11, 2006, by pretending the immediate withdrawal and payment of the share capital for the new shares paid on April 7, 2006.
Therefore, the Defendant’s total amounting to KRW 105,00,000 (=the amounting to KRW 42,986,900 out of the total amount of the share capital paid by the Plaintiff, which was sought by the Plaintiff) and this amount.