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1. Of the judgment of the first instance, the part against Defendant G and Defendant C, including the claim added by this court.
Reasons
1. Facts of recognition;
A. Defendant G Co., Ltd. (former trade name was “Co., Ltd. E,” but the trade name was changed to “Co., Ltd. B” on October 29, 2015, and “Co. G” on September 5, 2016; hereinafter “Defendant Co., Ltd.”) is a corporation engaging in the export and import of pharmaceutical products or medical appliances, etc.
By September 5, 2016, Defendant C served as the representative director of the Defendant Company, and Defendant D as the inside director of the Defendant Company until the same day.
B. The Plaintiff is a Chinese national who is staying in Korea with corporate investment visa (D8-1).
C. On January 13, 2016, the Plaintiff and the Defendant Company made an investment in USD 87,00 with the Defendant Company, and the Defendant Company transferred 30% of the shares of the Defendant Company to the Plaintiff as executive officers of the Defendant Company, and the Plaintiff is to appoint the Plaintiff. The Defendant Company may use the investment money only for business purposes, and may not use it for purposes other than for personal purposes, such as purchase of other real estate and other personal purposes. The Defendant Company shall report to the Plaintiff the relevant materials of the quarterly sales, in writing, and shall not commit any act contrary to the good faith principle, such as false reports, omissions, and over-reports (hereinafter “instant investment contract”). The Defendant C jointly and severally guaranteed the obligation owed by the Defendant Company under the instant investment contract.
In accordance with the above monetary investment contract, around January 14, 2016, the defendant company appointed the plaintiff as an internal director with the written consent of all shareholders, and the plaintiff accepted his appointment.
Defendant C transferred 100,000 shares of the Defendant Company (200,000 shares issued by the Defendant Company) to the Plaintiff on the same day.
E. On January 18, 2016, the Plaintiff remitted USD 86,965 ($ 105,032,850) to the account under the name of the Defendant Company.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, and Eul evidence Nos. 3, 4, 5.