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1. The plaintiff
A. Defendant C is KRW 100,000,000, and 5% per annum from November 8, 2014 to November 26, 2015.
Reasons
1. Basic facts
A. A. D Co., Ltd. related to the parties (hereinafter “D”) is a company aimed at real estate development and consulting business thereon. Of the 60,000 shares issued by D around February 2013, the Plaintiff and Defendant B purchased 15,000 shares, each of which is 25%, each of which is 40%, Defendant C’s 40%, and Nonparty F acquired 6,000 shares, each of which is 10%, and completed the registration thereof on February 22, 2013, by taking office as D’s representative director, the Plaintiff as D’s inside director, and Defendant C as its outside director.
B. The Plaintiff’s remittance and money disbursement 1) The Plaintiff was designated on November 7, 2012 by Defendant B (hereinafter “Nddi”)
(2) From February 6, 2013 to May 23, 2013, the bank transferred KRW 68,730,000 to the account under the name of the Plaintiff, and deposited KRW 25,269,30,000 in total from March 5, 2013 to April 9, 2013. The bank transferred KRW 25,269,30 in total as operating expenses of D’s office lease deposit and office construction expenses, etc. from March 5, 2013 to April 2013. The bank issued the credit card company under the name of the Plaintiff (hereinafter “instant credit card”).
(2) On July 8, 2013, the Plaintiff transferred KRW 100,000,000 to the account in the name of D, as the Plaintiff transferred to Defendant B the instant credit card.
C. The Plaintiff filed a criminal complaint against the Defendants on the charge of fraud around 2014. On July 2, 2014, the Seoul Central District Prosecutor’s Office, which investigated the instant case, issued a decision not to prosecute the Defendants on the ground that there was no evidence to acknowledge the Defendants’ fraudulent suspicion (Evidence of Evidence) (No. 49627, 2014).
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-1 to 8, 10-2, each entry of Eul evidence 3 and 4, witness F's testimony and the purport of whole pleadings
2. Claim against Defendant B for KRW 109,516,300 and damages for delay
A. The Plaintiff’s assertion as one premise. ① On November 7, 2012, the Plaintiff is under the name of chidi, designated by Defendant B upon Defendant B’s request.