beta
Text
1. The Defendant shall pay to the Plaintiff KRW 99,00,000 and the interest rate of KRW 15% per annum from July 6, 2018 to the day of complete payment.
Reasons
1. Determination on the cause of the claim
A. (1) The defendant served as the representative director of the non-party company C (hereinafter “non-party company”) from April 1, 2005 to April 1, 2008, from April 23, 2008 to June 16, 2008, and respectively as the manager of the non-party company from June 17, 2008 to March 29, 2012.
(2) On May 28, 2008, the Plaintiff remitted total of KRW 80,000,000 to the account in the name of the non-party company, and KRW 80,000,000,000 on May 30, 2008, and on May 31, 2008, between the Defendant and the non-party company, the Plaintiff paid KRW 100,000,000 to the non-party company. The non-party company entered into an agreement with the third party on the place of business and paid KRW 200,00,000 to the Plaintiff, and even if the agreement was not entered into, the non-party company shall pay the said money by May 31, 2009 (hereinafter “the agreement of the first investment”).
(3) On June 30, 2008, the Plaintiff and D remitted the total of KRW 120,000,000 to the account in the name of the non-party company. On June 30, 2008, the Plaintiff and the Defendant made an investment agreement stating that “the Plaintiff shall pay KRW 100,000,000 to the non-party company as the investment deposit, and the non-party company shall enter into an agreement with the third party on the business place and shall pay KRW 250,00,000 to the Plaintiff, and even if the said agreement was not concluded, the non-party company shall pay the said money by June 30, 2009” (hereinafter “the second investment agreement”).
(4) The Defendant used the said money received from the Plaintiff (hereinafter “instant loan”) as capital increase for capital increase and increased the Defendant’s equity ratio from approximately 57% to about 86%, thereby ensuring the right to manage the Nonparty Company, and the Plaintiff was aware of the said fact in advance.
(5) The agreement of the first and second investments in the name of the non-party company in this case is prepared by the plaintiff, and the defendant shall, at the request of the plaintiff, enter into the above investment agreement.