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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On the premise of factual relations C (formerly: D) is a company incorporated on July 5, 2016 with the total number of shares issued and outstanding at 40,000 shares (amount par value per 500 won per share).
Since August 25, 2016, C issued new shares of 5,000 common shares (amount par value KRW 500 per share).
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 3, Eul evidence 31, 32, the purport of the whole pleadings
2. On June 27, 2016, the Plaintiff asserted that: (a) paid KRW 20,000,000 to the Defendant in charge of the establishment of Co., Ltd.; (b) the Defendant used only KRW 6,000,000 as shares payment for the Plaintiff; and (c) arbitrarily consumed the remainder of KRW 14,00,000 as shares payment for the Plaintiff.
On August 5, 2016, the Plaintiff paid KRW 30,000,000 to the Defendant as the subscription price for new shares by C Co., Ltd., and the Defendant used only KRW 9,000,000 among the said money as the subscription price for new shares for the Plaintiff, and arbitrarily consumed KRW 21,00,000 for the remainder of KRW 21,00.
Therefore, the Defendant is obligated to return to the Plaintiff the amount of KRW 35,000,000 (=14,000,000 won) that was arbitrarily consumed and embezzled as above, as unjust enrichment or damages.
3. Determination
A. On June 27, 2016, the Plaintiff paid KRW 50,000,000 to the Defendant in charge of the establishment of Co., Ltd. on the following day, but returned KRW 30,000,000, out of the following day. The Defendant, as such, established C on July 5, 2016, with the share payment of KRW 12,000 in the Plaintiff’s name, and KRW 28,000 in the Defendant’s name, as the share payment of KRW 28,00 in the Defendant’s name, established C with the total number of shares issued on July 5, 2016 (50,00 per face value per share) as KRW 40,00 in the total number of shares issued on August 24, 2016, the Plaintiff and the Defendant issued the shares of KRW 5,00 in accordance with the above shares payment rate of KRW 16,500 in the Plaintiff and the Defendant who renounced the shares.