beta
Text
1. The Defendant’s KRW 264,79,712 as well as the Plaintiff’s KRW 20% per annum from September 9, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. Defendant (formerly, Co., Ltd.) is an unlisted corporation established for the purpose of the operation of sight boats and the inland water transport business, food entertainment business, cooking sales business, etc.
B. On October 20, 2009, D Co., Ltd. (hereinafter “D”) obtained a reclamation license on or around February 2007, and issued (hereinafter “instant issuance of new shares”) a common share share 1,88,095 shares (5,000 won per 5,00 won per 5,00 won per 1,00 won per 1,440,476,000 won per 36.83% per 46.83% per hereinafter “instant reclamation”) to the Defendant on or around June 2009, when D continued reclamation with a reclamation license on or around February 2007.
Accordingly, on November 14, 2009, the defendant issued new shares by the third party allotment method, and registered the issuance of new shares on November 18, 2009.
C. The F Co., Ltd. (hereinafter “F”) filed a lawsuit against the Defendant over invalidity of the issuance of the instant new shares (Seoul Southern District Court 2010Kahap3538) regarding the instant case, and on November 26, 2010 regarding the instant case, the judgment that the issuance of the instant new shares infringes on the F’s preemptive right to new shares, which is an existing shareholder, in violation of Article 418(2) of the Commercial Act (hereinafter “the judgment invalidating the issuance of new shares”), and the said judgment became final and conclusive on December 27, 201.
D The Seoul Southern District Court issued a tax invoice on November 13, 2009 against the Defendant for the transfer of the property invested in kind to the Defendant. As such, the Defendant is obligated to pay D the amount of KRW 944,047,60 equivalent to the value-added tax on the investment amount of KRW 9,440,476,00 (hereinafter “value-added tax”), and the Defendant applied for the payment order on the ground of the claim (the amount of value-added tax of KRW 13401) (the amount of value-added tax of KRW 201) and the above court on September 8, 201.