beta
Text
1. The Plaintiff:
A. Defendant F is KRW 287,500,000 and 5% per annum from August 22, 2011 to May 15, 2013.
Reasons
1. Basic factual basis within the scope necessary to determine the cause of the claim;
A. On September 30, 201, the Plaintiff issued new shares at KRW 90,000 with the issuance price of KRW 5,000 per share, and among them, Defendant F acquired KRW 32,500, Defendant B’s 20,000, Defendant DD’s 22,500, and Defendant E’s 15,000 shares.
B. On August 21, 201, Defendant B, D, and E paid KRW 287,50,000 (=Defendant D 112,500,000 won for Defendant D 112,50,000 won) and then withdrawn KRW 287,50,000 corresponding to the above share capital on August 222, 2011.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings
2. According to Paragraph 1 of the judgment on the claim against the defendant B, D, and E, the above defendants were deemed to have paid the shares in advance.
According to the case law, if a shareholder makes a lump sum payment, the company can see the stock price of the shareholder with a temporary loan as being paid in person by the shareholder. Therefore, the company can claim the repayment of the stock price paid in person to the shareholder.
Therefore, the Plaintiff. ① Defendant B calculated the annual interest rate of 20% per annum from August 22, 2011, which is the date of withdrawal of the share capital, to April 11, 2013, which is the date of delivery of a copy of the complaint of this case, and 5% per annum from April 11, 2013, which is the date of delivery of a copy of the complaint of this case; ② Defendant D shall pay 112,50,000 won per annum from August 22, 2011, which is the date of withdrawal of share capital, to April 11, 201, which is the date of delivery of a copy of the complaint of this case; ③ Defendant D shall pay 705,000 won per annum from the following day to the date of full payment; and ③ Defendant D shall pay 20% per annum of the annual interest rate of 20% per annum from the date of delivery of the complaint of this case to 201.21.21% per annum from the date of this case.