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(영문) 서울중앙지방법원 2017.03.30 2015가합2640

부당이득금

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 8, 2005, the Plaintiff concluded a sales agency contract with Defendant B on the first floor of the building D ground E, Jung-gu, Seoul, with the company company, the prospective purchaser of the building, to enter into the sales agency contract, and entered into an agreement with the company, the company, which entered into the sales agency contract (hereinafter “instant business agreement”).

B. The main contents of the instant agreement are as follows.

The amount of money to be paid as an agency for sale in lots pursuant to the contract for sale in lots shall be 1.5 billion won, and the defendant B shall pay the amount of KRW 600 million out of the deposit money and the remaining amount of KRW 900 million.

The Plaintiff invested KRW 1.1 billion on three occasions.

After the establishment of a corporation, the whole of the sales agency business in the name of the corporation shall be conducted, but the ratio of ownership shall be 60%, Plaintiffs 40%, and 40%.

The sum of the obligations currently held by Defendant B is KRW 1,970,000,000,000 shall be the joint obligations of the corporation to be established.

C. Defendant B established the F Co., Ltd. F (hereinafter “F”) for the purpose of the sales agency business of commercial buildings on April 12, 2005 in accordance with the instant trade agreement, and was appointed as the representative director.

In addition, as to the 10,00 shares issued by F, Defendant B accepted 4,500 shares in its own name in each name, G, H, and I and accepted 6,00 shares in total, and the Plaintiff accepted 4,000 shares.

On the other hand, on April 28, 2005, the Plaintiff drawn up a separate note with the Defendants (hereinafter “each of the instant notes”) as follows.

As of April 8, 2005, A and C have prepared a partnership contract for the purpose of promoting D sales agency business conducted by A and D, and B and C have invested KRW 1.1 billion in the project cost under the conditions of the partnership contract, but they have used KRW 550 million in the project cost of KRW 1.1 billion in the invested 1.1 billion and have used the remaining amount of KRW 585 billion in the project cost of KRW 500 million in the private use of B and C. As to the useful amount, B and C are the same.