부당이득금
1. The judgment of the first instance, including the Plaintiff’s claim that was modified and expanded by this court, shall be modified as follows.
1. Facts of recognition;
A. As to the development of the medical diagnostic machine, the Plaintiff asserted to the Defendant that the agreed amount of investment is not KRW 100 million, but the amount of the first investment is KRW 50 million, and the second investment amount is KRW 25 million, and the court also claims to the same effect.
In addition, even if the record of the prior suit (Evidence A 3) viewed in the facts of recognition as "B", the Plaintiff did not seem to have asserted that the investment amount was KRW 100 million in the prior suit.
However, the Plaintiff asserted that “the Defendant agreed to issue 1% of the shares of the Defendant to the Plaintiff upon receiving KRW 100 million of the purchase price of shares from the Plaintiff” through the written application for modification of the purport of the instant claim and the cause of the claim, each of the preparatory documents dated July 1, 2018, and August 21, 2018, and that “the Defendant agreed to issue the shares of the Defendant to the Plaintiff upon receiving KRW 100 million of the purchase price of shares from the Plaintiff.
In addition, on August 21, 2018, the Plaintiff asserted that, even if the Plaintiff failed to pay the total amount of KRW 100 million for the acquisition of shares, the Defendant is liable to issue shares as corresponding to the actual investment amount paid by the Plaintiff, on the premise that the Defendant’s obligation to issue shares is a pro rata obligation.
B Investment made an investment, and after having to receive 1% of the shares issued by the Defendant (hereinafter “instant investment agreement”), payment was made on five occasions from November 3, 2007 to March 20, 201, the sum of KRW 75 million ( KRW 30 million on November 3, 2007, KRW 20 million on January 31, 2008, KRW 20 million on January 31, 2008, KRW 10 million on August 27, 2008, KRW 5 million on September 10, 2008, and KRW 10 million on March 20, 2010).
B. In relation to the above investment amount, the Defendant issued receipts to the Plaintiff as listed below.
6 September 6, 2007, 50,000,000 won, and 0.5% of the Defendant’s issued shares, shall be set up;
R-015 A1-1 on November 3, 2007, KRW 50 million and KRW 0.5% of the shares issued by the Defendant.