1. Defendant B Co., Ltd. shall pay KRW 50,000,000 to the Plaintiff and 5% per annum from November 8, 2015 to October 13, 2016.

Basic Facts

The status of the parties is that the Plaintiff is a company engaged in trade wholesale and retail business, and export and import business of chemical products, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in manufacturing and wholesale and retail business. Defendant C is a joint representative director of Defendant B, and Defendant D is an auditor.

On July 2012, the representative director E of the Plaintiff, who was aware of the Defendant C and D by introducing F around the end of July, 2012. The said Defendants requested that Defendant B pay KRW 50 million as business funds, because it was difficult for the Defendants B to engage in the manufacturing and sales business due to the lack of funds.

On August 17, 2012, the Plaintiff transferred KRW 50 million to the new bank account of Defendant B.

However, even thereafter, Defendant C and D did not properly proceed with the business operated by Defendant B, such as the water price manufacturing and sales business, and they sought investment from a third party in order to resolve the financial difficulties of Defendant B, and around that time, they discussed how to resolve the managerial difficulties of Defendant B, including E and investment attraction issues.

The Defendants: (a) around November 2012, the Plaintiff and (b) Defendant B managed Defendant B’s revenues instead of receiving operating funds from the Plaintiff; and (b) the Defendants reported their respective debt status, the amount of expenditure, and matters related to the operation of Defendant B; and (c) the Plaintiff prepared and submitted a written disbursement decision on operating funds to the Plaintiff, the Plaintiff agreed to approve the written disbursement decision and pay the amount corresponding thereto to Defendant B.

On December 2012, the Plaintiff opened a national bank account under Defendant B’s name, and received and managed the entire revenues of the above Defendant to the said account. The Defendants prepared an expenditure resolution in line with the form offered by the Plaintiff from December 2, 2012 to January 2015, and submitted it to the Plaintiff and reported its business matters. The Plaintiff from the said national bank account.