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1. The plaintiff's appeal and the first and second preliminary claims added by this court are dismissed, respectively.
2. After an appeal is filed.
Reasons
1. The reasoning of the judgment of the court of first instance cited this case is as follows, except where the plaintiff added the judgment of the first and second preliminary claims added by this court as to the first and second preliminary claims, and thus, it is identical to the ground of the judgment of the court of first instance. Thus, it is cited by the main sentence of Article 420
2. Additional determination
A. The Plaintiff’s assertion (1) lent KRW 50,000,000 to D on September 5, 2013. Such act of borrowing D is reverted to the Defendants, a company under establishment.
Therefore, the Defendants should pay to the Plaintiff half of the total amount of the above borrowed money and delay damages, each of which shall be 25,736,862 won and delay damages.
(2) Determination is based on the following facts: (a) A company in the process of incorporation is established only when the articles of incorporation is prepared and the promoters have subscribed at least one share of shares; and (b) the rights and duties the promoters acquired prior to the incorporation of a company in the process of incorporation are attributed to an individual or promoters’ association according to specific circumstances; and (c) there is a special transfer, such as acquisition of the rights and duties vested therein or acquisition of the status of policyholders, in order
(Supreme Court Decision 97Da56020 Decided May 12, 1998). However, according to the result of the commission of the delivery of each document to the Naju Registry and the Registry of the Gwangju District Court, the articles of incorporation of the Defendant B-stock company shall be prepared on January 14, 2015 and D shall take over shares of 40,000 shares on the same day, and the articles of incorporation of the Defendant C-stock company shall be prepared on November 13, 2013 and D shall take over shares of 2,00 shares on the same day.
According to these facts of recognition, at the time of the Plaintiff lending money to D, the Defendants did not prepare the articles of incorporation and did not have the substance of the company during the establishment, so they did not have the status of acquiring one or more shares.