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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay KRW 20 million to the plaintiff and KRW 107,462,712 among them.
Reasons
1. Basic facts
A. The Defendant Company was established by six persons, including C, Plaintiff, D, E, F, and G, on January 26, 2006 for the purpose of purchasing, selling, and managing real estate.
After the establishment of the Defendant Company C, the Plaintiff, as the representative director, and the Plaintiff, respectively, worked for the representative director or director by December 2, 2013 when the Defendant Company was dissolved. Meanwhile, the Plaintiff and C jointly worked as the representative director of the Defendant Company from September 19, 2006 to February 20, 2008.
B. H’s investment in the filling station business of the Defendant Company 1) On December 21, 2006, the Plaintiff Company and the Defendant Company Ha, the Plaintiff, had the following: (a) the Defendant Company promoted the business of liquefied gas sales charging on the instant land; (b) the Plaintiff invested KRW 300 million in the Defendant Company; (c) the Defendant Company and H own shares in the management and operation of the filling station upon completion of the permission for the filling station business; (d) the Defendant Company and H own 1/2 each of them. The Plaintiff concluded a consulting service contract with the content (hereinafter “instant filling station business”).
(2) On December 21, 2006, the Defendant Company entered into a sales contract with M to purchase the instant K-owned land in the name of “L and one other” (hereinafter “instant sales contract”) and paid 100 million won for the same day the down payment to M.
3) Thereafter, on January 10, 2007, H remitted KRW 300 million to the account of O, which is the type of NA’s fraudulent N, and the Defendant Company remitted KRW 200 million out of the above KRW 300 million to M bank account as part of intermediate payment of the instant sales contract. H wired the remainder of the instant sales contract to M bank account on February 15, 2007. C directly wired KRW 280,000,000 to M. The instant payment note and return obligation, and the instant agreement 1) However, the Defendant Company obtained permission for the business of liquefied gas sales charging.