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1. The Defendant’s KRW 165,00,000 for the Plaintiff and 5% per annum from June 21, 2014 to April 11, 2017.
Reasons
1. Facts of recognition;
A. At around 197, C obtained a building permit for Fdong commercial buildings and G-dong officetels (hereinafter “instant officetel”) on the ground of the land owned by the said C, Young-gu D and E (hereinafter “instant land”) and constructed only F-dong commercial buildings of the first and third floors above the ground (hereinafter “instant commercial buildings”).
B. Since then, in order to newly construct the instant officetel, H had been entrusted with the implementation project of the instant officetel, such as construction and sale of the instant officetel, and H, who had been in financial difficulties in the implementation process, proposed investment in the instant officetel in the construction project.
Accordingly, on August 9, 201, I, together with the Plaintiff and H, established J Co., Ltd. (hereinafter “instant company”) as a special purpose company for the purpose of investing in the instant project for the construction of officetels. The instant company invested KRW 250 million in the instant project for the construction of officetels, such as payment of construction funds to H.
C. Notwithstanding the foregoing funds investment, when the instant project, such as construction and sale of officetels, was obstructed due to the suspension of construction of the instant officetel due to financial difficulties, etc., the instant company, around November 201, obtained ownership of a part of the instant land owned by H under the name of K with its wife, was entrusted to the instant project for construction and sale of officetels, etc., and thereafter the instant officetel was resumed.
On the other hand, the Defendant entered into a contract on January 8, 2013 with the Plaintiff and I to acquire business rights for the construction and sale of the instant officetel owned by the instant company (hereinafter “instant contract for the transfer of corporation”). At the time, the Plaintiff owned 3,000 shares of 6,00 shares issued by the instant company and held 3,00 shares of 6,00 shares issued by the instant company, and I were in the position of internal directors of the instant company.