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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 November 18, 2014, the Plaintiff asserted that the Defendant Company lent KRW 200,000,000 to the Defendant Company without having set the due date or interest, and paid KRW 200,000,000 to the Plaintiff.
On May 31, 2016, the Plaintiff received shares equivalent to KRW 50,000,000 (50,000 x 1,000 per share price) at the market price from the Defendant Company as payment in kind.
Therefore, Defendant Company is obligated to pay to the Plaintiff the remaining amount of KRW 150,000,000,000.
2. The judgment was examined. The Plaintiff paid KRW 50,000,000 to the Defendant Company around November 18, 2014, KRW 40,000,000 around February 25, 2015, KRW 90,000 around February 26, 2015, KRW 200,000 around February 27, 2015, and KRW 200,000,000 in total, around February 27, 2015, and the fact that the Plaintiff owned KRW 50,000,00 in shares of the Defendant Company is either not in dispute between the parties or may be acknowledged by the statement in subparagraph 1.
However, in light of the following circumstances, which are acknowledged by comprehensively considering the contents of evidence Nos. 1 through 5, the above facts alone are insufficient to recognize that the Plaintiff lent KRW 200,000 to the Defendant Company, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.
① Around December 2014, the Plaintiff established the Defendant Company for the purpose of running the c, D, E, F, and raw milk farm business.
② The Plaintiff et al. invested KRW 300,000,000 per each of the Defendant Company. The Plaintiff invested KRW 100,000 in kind and paid KRW 200,000 as money.
③ Other persons who invested KRW 300,000,000 also own the shares of the defendant company 50,000 shares.
3. The plaintiff's claim for conclusion is without merit.