1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff invested 10 million won around July 2006, which was at the time of the incorporation of the Defendant Company, and received 200 shares of the Defendant Company, which were 50 million won in face value.

On July 21, 2006, the Plaintiff was registered as a shareholder (individual) in the statement of changes in stocks, etc. of the Defendant Company.

B. Around July 2006, the Plaintiff was employed by the Defendant Company and retired on March 2013.

C. After December 10, 2013, Defendant Company paid KRW 10 million to the Plaintiff. D.

Meanwhile, while the Plaintiff filed a lawsuit against the Defendant Company as Seoul Northern District Court 2014Gabu14680, the Plaintiff was sentenced to a judgment against the said court on November 25, 2014. The Plaintiff’s appeal and final appeal against the said judgment were all dismissed, and the said judgment became final and conclusive on September 10, 2015.

On November 6, 2015, the Plaintiff filed the instant lawsuit.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2, significant facts in this court, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is a creditor who invested 10 million won on July 21, 2006 at the time of the incorporation of the defendant company and invested 200 million won in shares of the defendant company, which is the 50 million won per share, but in light of the fact that the defendant company did not pay dividends or dividends to the plaintiff at all, the plaintiff is a shareholder only in appearance, and in fact, lends 10 million won to the defendant company for the establishment of the defendant company.

However, as the Plaintiff retired on March 2013, the Defendant Company paid 10 million won to the Plaintiff on December 10, 2013 and did not pay statutory interest on the said 10 million won.

Therefore, the Defendant Company is obligated to pay to the Plaintiff the above KRW 3,698,630 (=10 million x 0.05 x 2700/365) as statutory interest on the said KRW 10 million.

B. The Defendant’s assertion is a shareholder of the Defendant Company, not a creditor, and the Defendant Company purchased shares from the Plaintiff upon retirement of the Plaintiff and paid KRW 10 million to the Plaintiff on December 10, 2013.