부당이득금
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The plaintiff is a company selling alcoholic beverages, etc., and the plaintiff's employee, type of responsibility, amount of investment, and share ratio are as listed below.
F General Partners 22,515,500 G General Partners G 48.45 G General Partners 22,515,500 H 45.031 H 1,984,500 3.969 I Limited Partners 1,275,000 1,275,000.5
B. On January 22, 2007, G was appointed as the representative member of the Plaintiff, and on February 3, 2010, G transferred a total of 49% of its own and its H’s shares in KRW 450,000,000, and J substantially transferred its authority to operate the Plaintiff around that time.
K, a female student of J, worked for the plaintiff's former duties, and the husband of K, respectively, as an employee in charge of finance.
C. The Plaintiff’s employee F and I filed a lawsuit against G with this court seeking adjudication on the forfeiture of the Plaintiff’s right to represent and exercise duties. On July 16, 2014, this Court rendered a judgment of forfeiture of the Plaintiff’s right to represent and exercise duties against G pursuant to Articles 269 and 205(1) of the Commercial Act on the ground that “G transferred its equity interest to J without obtaining the Plaintiff’s consent, and arbitrarily transferred its right to represent and exercise duties to operate the Plaintiff, etc.” (i.e., performing an act of remarkably influoring or violating the Plaintiff’s right to represent and exercise duties, and the said judgment became final and conclusive around that time.
(Chuncheon District Court 2013Gahap2368). D.
F, I filed a provisional disposition against G, J, K, and L with this Court, including suspension from office, and this Court rendered a provisional disposition on July 24, 2014 that “G shall not perform the duties as the Plaintiff’s representative member and managing member until this Court 2013Gahap2368 Decided July 24, 2014, and J, K, and L shall not perform any duties related to the Plaintiff.”
(Chuncheon District Court 2013Kahap234). e.
L, K's husband, M, N, K's R's R's R's R's R's R's R's R' and J's J's K's R'.