손해배상(기)
1. Before the rehabilitation debtor, who is the taking over of the lawsuit of Defendant C (A), is changed to C:
1. Basic facts
A. The Plaintiffs paid KRW 50,000,000 each of the subscription price for new shares on April 26, 2012, to the new bank account in the name of the Defendant Company, in relation to the capital increase for new shares on April 27, 2012, in relation to the capital increase for new shares as of April 27, 2012, the rehabilitation debtor C (former: D prior to the change: D)’s taking over of lawsuit by Defendant C (former: D) as the administrator of D Co., Ltd. (hereinafter “Defendant Company”).
B. On April 27, 2012, Defendant Company decided to issue new shares in order to increase its capital by holding a temporary general meeting of shareholders under the following conditions, and among them, 5,000 shares of new shares were allocated to the Plaintiffs.
(1) The type and number of new shares: 90,000 Sheet new shares issued value: 5,000 won per share ? ? ? ? ? ? ? ? ? ? ? ? the name of the Bank and the name of its branch on April 27, 2012: the branch of the New Bank of Korea National University.
C. The Defendant Company treated the remaining amount of KRW 25,00,000 for each of the aforementioned new shares issued to the Plaintiffs [25,000 for each of the initial subscription amount of KRW 50,000 for new shares - KRW 25,000 for each of the subscription amount of KRW 25,00,000 for each of the subscription amount of KRW 25,000 for each of the subscription amount (i.e., KRW 5,00 for each share x KRW 5,00 for each share)] as the provisional deposit, but dealt with it on April 30, 2012. The Defendant Company was the Defendant FF community account as the managing director of the Defendant Company at the time of not
On March 31, 2017, when the instant lawsuit against the Defendant Company is pending, the rehabilitation procedure was commenced by the Seoul Rehabilitation Court 2017 Ma10057, and the representative E of the Defendant Company is regarded as the administrator, and the rehabilitation procedure was initiated on September 18, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3 (including branch numbers, if any) and Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination of the claim against the defendant company
A. According to the above facts of determination as to the cause of the claim, the defendant company subscribed for new shares of KRW 50,000,000 from each of the plaintiffs.