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1. Defendant C’s KRW 700,000,000 as well as 5% per annum from May 3, 2016 to June 15, 2017 to the Plaintiff.
Reasons
1. Facts of premise;
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on November 23, 2006 for the purpose of underwater construction business, earth construction business, etc., and Defendant C is a shareholder of the Defendant Company and is a representative director.
B. As between December 28, 2007 and September 28, 2009, the Plaintiff lent a total of KRW 800 million to D, which was a shareholder of the Defendant Company, and on December 16, 2009, transferred 5,100 shares of the Defendant Company (total issued shares 10,000 shares) in the name of E, instead of paying the above borrowed amount.
C. On April 21, 2010, the Plaintiff and Defendant C transferred 60% of the shares issued by the Defendant Company to G (F’s wife) and H (F’s wife). As a result, 10% of the total shares issued by the Defendant Company came to be owned by G, 50% of H, 20% of H, 30% of the total shares issued by the Defendant Company, and 10% of the shares owned by the Plaintiff.
On June 10, 2010, 11% of the shares 50% of the H’s shares were transferred to the J Co., Ltd. (hereinafter “J”). The J is a company for which H was employed as its representative director from April 6, 201 to March 7, 2012, F was an internal director from March 2, 201 to March 7, 2013, and G was an auditor from August 13, 2009 to March 2, 2011.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, 9, 10 (including numbers), the purport of the whole pleadings
2. Claim against Defendant C
A. The Plaintiff’s assertion 1) The Plaintiff was holding 5,100 shares of the Defendant Company on the payment in lieu of the amount of KRW 800 million lent to D, and the Defendant C agreed to pay KRW 700 million upon lending shares owned by the Plaintiff from the Plaintiff and attracting investment funds when attracting investment. Since Defendant C transferred 60% of the shares of the Defendant Company to F on April 19, 2010 and concluded an investment attraction contract from F, Defendant C is obligated to pay the amount of KRW 700 million agreed upon to the Plaintiff under the agreement.