부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 27, 2015, the Plaintiff and her husband C entered into a partnership agreement (hereinafter “instant partnership agreement”) with the Defendant, the Defendant’s husband of the Defendant’s intra-company director D, in order to operate the transportation company in Lao, with E (hereinafter “E”) and G Co., Ltd. (hereinafter “G”).
The Plaintiff, C, E, Defendant, and G verify each other that the Plaintiff, C, C, and C, the actual business owner of G, and E having substantial shares in the Defendant and the Defendant, entrusted the Plaintiff, C’s loan obligations, and claims against the Plaintiff, C to E, and they enter into a partnership agreement, including transfer of shares, in parallel with the agreement on the obligation to be repaid by the Plaintiff, C, and C, as follows:
[Article 4] E shall be transferred to the Plaintiff and C only as designated shares after collecting all of the amount of credit (60 million won) invested in the Plaintiff and C with the business operation fund of G and then transferring to the Plaintiff and C only 29% out of the G 100% of the G equity of E.
[Article 6] If the repayment of the debt (60 million won) borrowed from G to E with its business operation funds is delayed, the plaintiff and C shall preferentially apply Article 2 of the Agreement / [liability] and the provisions of each Article, and shall exclude the detailed conditions of Article 10 / [Special Agreement].
[Article 7] E shall invest the second amount of credit (500 million won) to be used as the business operation fund of G in the Plaintiff and C without any problem.
[Article 8] After entering into a contract, E shall support the plaintiff and C with all necessary affairs related to the work cost and Lao domestic business and purchase vehicles by mutual agreement between the plaintiff, C and E.
B. On February 27, 2015, the Defendant, the Plaintiff, and C entered into the instant partnership agreement on February 27, 2015 with the same seal, in order to repay the loan claims of KRW 600 million against the Plaintiff and C (hereinafter “instant loan claims”), which are owned by the Defendant, the following written agreement for repayment of obligations (hereinafter “instant agreement”).