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1. The judgment of the court of first instance is modified as follows.
The defendant is 57,076,446 won and 50.20
Reasons
1. Basic facts
A. Plaintiff A established the Plaintiff Company by investing KRW 50,000,000 per each of the Defendant and each of the Defendant, who operated the Plaintiff Company E (hereinafter “Nonindicted Company”) and distributing goods used in a convalescent hospital, etc. However, if Plaintiff A establishes a company by issuing a balance certificate of KRW 100,000,000, the Defendant decided to pay KRW 50,000 of the shares of the Plaintiff Company.
B. On September 1, 2014, Plaintiff A submitted a balance certificate of KRW 100,000,000 capital and registered the incorporation of the Plaintiff Company. The Defendant acquired 10,000 shares of the Plaintiff Company (one share amount of KRW 5,000, total of KRW 50,000,000).
C. On October 13, 2014, the Defendant opened an enterprise bank account (F; hereinafter “instant account”) in the name of the Plaintiff Company with the consent of Plaintiff A.
Plaintiff
A company sold diapers to I, and I deposited the amount of KRW 3,391,00 on October 31, 2014, and KRW 2,688,00 on November 18, 2014 (total of KRW 6,079,000 (hereinafter “the first price”) as the instant account; KRW 1,458,00 on December 30, 2014; KRW 672,00 on April 6, 2015 (total of KRW 2,130,000 (hereinafter “the second price”); hereinafter “the second price”) as the account of the non-party company.
(hereinafter referred to as "the price of this case" in addition to the first price and the second price.
Plaintiff
With the dispute between A and the Defendant, the Plaintiff Company suspended its business on March 8, 2016.
The Defendant was indicted on the charge of fraud committed by deceiving the Plaintiff, thereby making an investment of KRW 50,00,000, and acquired KRW 10,000 of the Plaintiff Company’s shares, and the charge of embezzlement committed by remitting the second amount to the account of the Nonparty Company, which is not the Plaintiff Company, to the account of the Nonparty Company, and appealed on April 20, 2017 (former District Court 2016NoMa702), and dismissed the appeal on November 20, 2017 (former District Court 2017No622), but the Defendant re-appealed the Plaintiff Company’s shares from the Plaintiff on February 8, 2018.