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1. The defendant shall pay 1,429,090,000 won to the plaintiff and 20% per annum from July 10, 2014 to the day of full payment.
Reasons
1. Basic facts
A. Nonparty C was registered as the representative director of the Plaintiff from June 1, 2009 to March 12, 2012, and as the representative director of Nonparty D Co., Ltd (hereinafter “Nonindicted Company”) from March 31, 2006 to December 3, 2012.
B. Around 2010, the Plaintiff paid a total of KRW 1,429,09,000 to the non-party company (hereinafter “instant monetary transaction”), and included it in the sales promotion cost, which is an item for sales management expenses, when filing a corporate tax report.
C. At the time of 2010, the Plaintiff’s representative director as a director E, F, and auditor as an in-house director other than C. At the time of the Nonparty Company’s representative director as an executive of Nonparty Company F as a director E, G, and auditor in addition to C. However, E is the father of C, G is the father of C, and F is the mother of C, and F is the male mother of C.
E, G, F, and C on May 31, 2012, the management of the Plaintiff, the Defendant, and the Nonparty Company is in exclusive charge of the management of the Nonparty Company and the Defendant, and the Plaintiff’s management is in exclusive charge of E, G, and F (hereinafter “instant agreement”). The main contents of the instant agreement are as follows.
Article 2 E, G, F, and C’s transfer of shares issued by the Plaintiff as of the date of this Agreement, and C is the representative director of the Plaintiff as of the date of this Agreement, and C is the defendant’s representative director of the company and the Seocho-gu Seoul Metropolitan Government, which has its head office in the second floor of the H factory in Seongbuk-gu, Seongbuk-gu, Seoul.
(1) By June 15, 2012, C transfers 24,187 shares issued by the Plaintiff owned by C to G in KRW 459,553,000.
(2) On October 18, 201, G and F transfer 45,500 shares and 33,600 shares of Non-Party Company’s issued shares to C, each of which is KRW 227,50,000 and KRW 168,00,000,000.
In addition, on November 25, 201, G and F donated 4,600 shares and 4,400 shares which are all shares owned by G and F among the defendant's shares issued by G and F to C.
(3) Pursuant to paragraphs 1 and 2, C recognizes that any equity interest of the Plaintiff is not owned, and G and F.