beta
Text
1. The part against the defendant among the judgment of the court of first instance is revoked and the plaintiff's claim corresponding to the revocation part is revoked.
Reasons
1. Basic facts
A. Plaintiff’s remittance 1) The Plaintiff’s representative director D (one of the 3,040,000 common shares issued by the Plaintiff, holding 1,208,385 shares, and served as the Plaintiff’s representative director from March 31, 2004 to January 2, 2014.
Around July 2012, the Plaintiff served as an internal director from June 3, 2010 to March 31, 2013, as a major shareholder who owns all shares issued by D 200,000;
hereinafter referred to as “E”
from 116,550 shares of the Plaintiff’s preferential stock (no share certificate has been issued);
hereinafter referred to as “instant shares”
2) At the time of the Plaintiff’s purchase of the instant shares in its name (Evidence No. 1, A, 550 x 3,861 ) KRW 449,99,550 per share (i.e., KRW 116,50 x 3,861) (Evidence No. 1, A, No. 5, No. 14, A, No. 1, No. 4 through 6, and witness D), D requested the Defendant to acquire the instant shares in its name, after considering that the Plaintiff’s acquisition of the instant shares in its name could be in violation of Article 341 of the Commercial Act.
(B) On July 20, 2012, the Plaintiff remitted KRW 450,00,00 to the Defendant on July 20, 2012. On the same day, the Defendant concluded a contract from E to purchase KRW 449,99,550 for the instant shares, and paid KRW 449,99,550 for E (Evidence No. 3, No. 1, No. 3) (Evidence No. 3, No. 1, No. 3) and the Defendant (Co. 4), and E (Buyer) decided to continue to register E as shareholders on the shareholder registry without changing the title to the instant shares. On July 20, 2012, the Plaintiff and the Defendant drafted a written agreement with the Plaintiff that the Plaintiff holds the authority to the instant shares.
(B) (No. 2) 5) The representative director D of the Plaintiff and the representative director F of the Defendant, who was the Plaintiff, agreed to account as loans of KRW 450,000,000 that the Plaintiff remitted to the Defendant. The Defendant’s representative director F borrowed KRW 450,000 from the Plaintiff on July 20, 2012 as interest rate of KRW 8.5% per annum and due date of payment on July 20, 2013.
2.3.2