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(영문) 부산지방법원 2015.06.23 2014가단82497

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 8, 1999, the defendant's claim against the defendant's claim against C (hereinafter "C") with a judgment that "C shall pay to the defendant 191,890,160 won and 95,890,160 won with 25% interest per annum from November 12, 1998 to the date of full payment" (hereinafter "the claim for the judgment of this case").

B. The Plaintiff, who was the representative of C before the occurrence of the instant judgment claim between the Plaintiff and E, filed a lawsuit seeking payment of the stock transfer price, etc. against E, after transferring C’s shares to E, resulting in a dispute over the stock transfer price, etc. In relation to the instant case, the following mediation (hereinafter “instant adjustment”) was established on December 5, 2007, including the disposal of the instant judgment claim.

E shall be paid KRW 400,000,00 to the Plaintiff, and Eul shall be paid KRW 80,000,000, and Eul shall be paid KRW 160,000 until April 30, 2008, and KRW 160,000 until December 31, 2008, and KRW 160,000 shall be paid respectively until May 31, 2009. The Plaintiff shall receive from E the above KRW 80,00,000 from E and receive from the Defendant to deliver it to E with a notarial document that the Defendant waives the instant judgment claim against C and E, and if the Plaintiff receives from E to perform its obligation to deliver it by 80,000,0000,000, the Plaintiff shall lose its obligation to deliver it to the Plaintiff by 300,000,0000,000 to the remainder of its obligation to deliver it to the Defendant’s name and 30,008.

C. On June 30, 2008, the Plaintiff and the Defendant prepared an agreement and a letter of certification between the Defendant and the Defendant, in order to resolve the claim for the instant judgment in accordance with the instant conciliation, “the Plaintiff is KRW 150,000,000 to the Defendant.”