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(영문) 대전지방법원 2012.12.07 2012가합5005

부당이득금반환

Text

1. The Defendant shall pay 370,000,000 won to the Plaintiff and 20% per annum from April 14, 2012 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 3, 1987, C Co., Ltd. was established as a company in charge of sales of Daewoo Electronic Co., Ltd., and changed its trade name to D Co., Ltd. (hereinafter “D”) on December 20, 199, and since 2000, C Co., Ltd converted its shares into 10,000 won per share (the par value per share was divided into 5,000 won per share) in lieu of payment of bonus or in lieu of payment of goods to employees.

B. The Defendant, while working in treatment Electronic Co., Ltd., had been employed as the head of D branch due to the reorganization of the organization of treatment Electronic Co., Ltd., and had D resign from around the end of 199 and engaged in the distribution business after the accident, supplied goods to D.

The defendant has been holding 18,00 shares of D in the process.

Meanwhile, around 1998, the Plaintiff was serving as a principal partner of the branch office D and became aware of the Defendant who served as the principal branch office of the said company.

C. On March 24, 2003, the Plaintiff purchased 2,000 shares of D shares owned by the Defendant from the Defendant (hereinafter “instant shares”) at the face value of KRW 10,000 and paid KRW 20,000 to the Defendant at the time, but at the Defendant’s request, the Plaintiff suspended the transfer of ownership at the Defendant’s request that supplied goods, and required the Defendant to manage the instant shares under title trust.

The Plaintiff expressed to the Defendant the intent to terminate the title trust with respect to the instant shares, and a duplicate of the instant complaint containing the intent to that effect was served to the Defendant on or around April 13, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1 (each number No. 1) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the title trust on the shares of this case shall be deemed to have been lawfully terminated on April 13, 2012, which is the delivery date of a copy of the complaint of this case. Thus, the Defendant is obligated to return the shares of this case to the Plaintiff.