Defendant C Co., Ltd. (hereinafter “Defendant C”) was established on January 4, 2016 as a corporation engaged in business activities and business support for disabled persons, such as discovering, introducing, and supporting duties suitable for the performance of duties for companies requiring the employment of disabled persons.

Plaintiff

A, Defendant D, and E, etc. established the Defendant Company with capital of KRW 100,00,000,000 on December 2015, 201, and KRW 50,000,000, out of their capital stock, Defendant D, who is a partner of Defendant D, decided to invest KRW 30,000,000 in E, and the remainder of KRW 20,000,000, respectively.

The establishment of a company takes the form of promotion of incorporation, consisting of four promoters of F, E, G (spouse of Defendant D), and H (Defendant D’s branch) with the acquisition of 20,000 shares issued, and the establishment of the company by four of them, and the immediate adjustment of shares was made by the Plaintiff B, who is his father, to own 7,00 shares (35%) in the name of Plaintiff B, who is his father, 6,200 shares (31%) in the name of G and H, 6,20 shares (31%) in Defendant D’s name, 4,20 shares (21%) and 2,600 shares (13%) in E.

However, the Plaintiff did not pay KRW 10,000,000 which was promised to pay on behalf of E, and the Defendant Company paid KRW 10,000,000 to E with the funds of the Defendant Company after the establishment of the Defendant Company, thereby making the Defendant Company paid KRW 10,00,000 to E with the funds of the Defendant Company.

Plaintiff

On January 5, 2016, A and Defendant D entered into an agreement with E and stockholders’ representatives F, which had the primary representative director of the Defendant Company to be in charge of the Defendant Company, and agreed that the operation of the Defendant Company will be the management of the E representative director, Plaintiff A Specialized ECEO, and Defendant D head of the headquarters and agreed that they will hold a decision-making of the Defendant Company through their consultation. Among them, E representative director did not have a big interest in the management of the Defendant Company, and in fact, the Defendant Company and Defendant D were managed by both Plaintiff A and Defendant D

Plaintiff

A is a person with bad credit standing, and thus, receives benefits in the name of the Plaintiff B, and the Plaintiff B was registered as a director of the Defendant Company, but Plaintiff B.