1. Revocation of a judgment of the first instance;

2. According to the selective claims added by this court, the defendant 3,000.

Basic Facts

On March 23, 1982, the Plaintiff, jointly invested with E, B, and C, constituted Defendant Company, a corporation, the purpose of which is to engage in various kinds of alcoholic beverages and the wholesale business of soft drinks.

Around 205, B and C, the representative director of the Defendant Company, need to increase the capital of the Defendant Company to the Plaintiff and E, and each of them proposed to increase the capital of the Defendant Company by investing KRW 50,000,000,000 per each of them, and E deposited KRW 50,000,000 in the account of the Defendant Company as capital increase. On February 22, 2005, the Plaintiff deposited KRW 50,000,000 in the account of the Defendant Company as capital increase, and on April 25, 2005, the Plaintiff deposited KRW 50,000,000 in the account of the Defendant Company

(hereinafter “the instant capital increase”). The Defendant Company paid KRW 16,300,000 out of the above KRW 50,000,000 deposited by E on February 22, 2005, as the settlement amount to Ocker, who is the customer, on February 24, 2005. Of the remainder, KRW 12,60,000 out of the remainder, was paid as the settlement amount to Dcker, who is the customer on the same day.

In addition, on April 25, 2005, the Defendant Company paid KRW 48,000,000 among the above KRW 50,000,000, which was deposited by the Plaintiff on April 25, 2005, as the settlement amount to the Hart, which is the business partner, on April 30, 2005, and the remaining KRW 2,00,000,00 was paid as the settlement amount to the Honju, which is the business partner.

Ultimately, the Defendant Company did not increase capital despite having received total of KRW 100,000,000 from the Plaintiff and E for capital increase. Accordingly, the Plaintiff filed the instant lawsuit against the Defendant Company B and C (hereinafter “Defendant Company, etc.”) seeking refund of KRW 50,000,000 paid by the Plaintiff for capital increase.

On April 24, 2017, the pending lawsuit in this case was filed, the Defendant Company, between the F attorney-at-law representing the Plaintiff and the F attorney-at-law, shall pay the Plaintiff KRW 1,00,000,000 each month from May 201 to December 2017, and the Defendant Company, from January 11, 2018 to the day of full payment, shall return KRW 50,000,000 as the capital of this case, by paying the Plaintiff KRW 1,50,000 each month.