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1. The Plaintiff:
A. Defendant A: 50,000,000 won; Defendant B: 25,000,000 won; and each of the above amounts, on November 2, 2006.
Reasons
1. Basic facts
A. On October 31, 2006, D Co., Ltd. (hereinafter “Nonindicted Company”) was established with 100,000,000 capital (10,000 common shares of outstanding shares, 10,000 won per share) and among issued shares, Defendant A acquired 5,000 shares, Defendant B, and C respectively with 2,50 shares.
B. At the time of incorporation of the non-party company, the Defendants paid KRW 100,000,000 (Defendant A50,000,000, Defendant B, and each of the Defendant C 25,000,000) equivalent to the total amount of the above shares issued on November 1, 2006, but deposited KRW 10,000,000 corresponding to the above shares.
C. Defendants (a founder of the non-party company) and Defendant A (a founder of the non-party company) are co-born in E, and Defendant C is the wife of E. The following: F around December 24, 2012 and around April 23, 2013, the Plaintiff, an investor designated by F, made an investment in the non-party company with KRW 3,00,000,000, and entered into an investment agreement and a joint venture agreement with the content that the non-party company jointly carries out mining activities based on the mining right owned by the non-party company. Article 2 of the said investment agreement and joint venture agreement state that “100,000,000 shares of the non-party company owned by the Defendant, which is the investor, shall be sold in KRW 10,00,00,000, which is the premise for the payment of the investment amount. The Defendants thereafter lend KRW 100,000 paid by the Plaintiff to the Plaintiff as an investor without interest.”
In accordance with the above investment agreement and joint business agreement, the Defendants concluded a share purchase agreement with the Plaintiff on April 23, 2013, and the Nonparty Company’s shares of KRW 10,000,000, which were owned by the Defendants, to sell to the Plaintiff as purchase price of KRW 100,000. On April 25, 2013, the Plaintiff paid KRW 100,000 to the Defendants, and on the same day, Defendant A lent KRW 50,000,000 to the Plaintiff, and Defendant B and C lent KRW 25,00,000 to the Plaintiff respectively.
E. On October 13, 2016, the Plaintiff: (a) from the non-party company, KRW 50,000,000, respectively, owned by the non-party company against Defendant A; and (b) KRW 25,00,000,00, respectively.