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1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an internal director of D Co., Ltd. (hereinafter “D”) from November 10, 201, and the Defendant is D’s representative director from October 18, 201 to March 30, 2013.
1. The Plaintiff shall deposit KRW 150,000,000 into the account designated by E within one day after signing and sealing this Agreement on the Thai Project.
2. E shall reimburse the Plaintiff’s total of KRW 300,000,000,000, which is 100% of the profit ratio of the Plaintiff’s investment funds.
3.E shall repay principal and investment profits within one year, and E shall repay 75,000,000 out of repayments to 80,000 shares of D owned by E. 15,00 shares out of 80,000 shares.
D Shares 15,000 shares will be owned by the plaintiff simultaneously with this contract.
4. E is the largest shareholder of D and the Plaintiff becomes the largest shareholder, and accordingly, the management right (representative director) of D shall also be transferred to the Plaintiff.
The plaintiff has all responsibilities and authority concerning D's legal representative director at the same time as this contract is concluded.
B. On February 5, 2012, the Plaintiff entered into a short-term investment and share sales contract (hereinafter “instant investment contract”) with the content that the Plaintiff would make an investment in the Thai project promoted by E, and the Defendant guaranteed the Plaintiff’s obligation to the Plaintiff under the said investment contract.
C. On February 6, 2012, the Plaintiff deposited KRW 150,000,000 (hereinafter “instant investment”) into D’s corporate account designated by E in accordance with the instant investment contract, and D accounted as the Defendant’s provisional payment with the aforementioned remittance amount.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 1 through 6-54, 8, statement of evidence 10-1 to 11, witness A and F testimony and purport of whole pleadings
2. The parties' assertion
A. In order to repay approximately KRW 150 million from the Plaintiff’s arbitrarily used D’s funds while operating D, the Defendant KRW 150 million from the Plaintiff.