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1. The Defendant: 30,000,000 won to Plaintiff Co., Ltd. and 5% per annum from January 1, 2014 to April 14, 2015.
Reasons
1. Basic facts
A. On December 9, 2010, the Defendant established the Plaintiff Company A (hereinafter “Plaintiff Company”) and took office as a representative director. On January 2, 2013, the Defendant resigned from office on January 2, 2013 and assumed office as the representative director again on May 20, 2013, and held 30,000 common shares issued by the Plaintiff Company.
B. The Defendant, after establishing the Plaintiff Company on December 9, 2010, withdrawn KRW 300 million from the Plaintiff Company’s capital. On December 9, 2010, the date of incorporation on the Plaintiff Company’s account book, appropriated as the cause of KRW 288,000,000, the representative director’s provisional payment against the Defendant on December 9, 2010, and as of December 31, 2013 in the Plaintiff Company’s account book, the amount of KRW 362,00,000,000 paid by the representative director is included.
C. On October 29, 2014, the Defendant resigned from the representative director of the Plaintiff Company, and on the same day, Plaintiff B was appointed as the inside director of the Plaintiff Company, but was appointed as the representative director on May 13, 2015.
The Defendant entered into a transfer contract with Plaintiff B on March 31, 2015, and transferred 30,000 shares of Plaintiff Company to Plaintiff B.
E. On December 12, 2014, Plaintiff B remitted KRW 24,086,671 to the bank account of the Plaintiff Company as the recognized interest item on the provisional payment.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 23, Eul evidence 19, 24 (including additional numbers), witness D's testimony, the purport of the whole pleadings
2. The parties' assertion
A. (1) The Plaintiff Company’s withdrawal and use of the Plaintiff Company’s capital, thereby causing the provisional payment of the representative director. As of December 31, 2013, as of December 31, 2013, the representative director’s provisional payment amounted to KRW 362 million. The Plaintiff seek payment of KRW 30 million, which is a part of the Plaintiff Company’s capital.
(2) Plaintiff B transferred KRW 24,086,671 to the bank account of the Plaintiff Company in the form of subrogated on December 12, 2014 upon receiving a request from the Defendant to lend the above provisional payment interest, and lent KRW 24,086,671 to the Defendant. The Defendant lent the above loans to Plaintiff B.