beta
(영문) 부산지방법원동부지원 2017.05.18 2016가합101180

부당이득금

Text

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

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

Reasons

Facts of recognition

On February 11, 2010, the Plaintiff, as the representative director of the F Co., Ltd. F (hereinafter “F”) that processes and sells raw water in Busan-gun, Busan-gun, Inc. D’s establishment, entered into an investment agreement between the Plaintiff and the Defendant B, and the Defendant B’s business (hereinafter “instant business”), with an investment of KRW 160 million in total and KRW 140 million in two-lanes, and KRW 300 million in total, and KRW 100 million in total and KRW 300 million in accordance with the Defendant B’s choice, the F shall either pay KRW 30 million in investment principal and KRW 10 million in total and KRW 25 million in total and KRW 500 million in total and KRW 500 million in terms of investment principal and profits (hereinafter “instant investment agreement”).

The Plaintiff and Dong G jointly and severally guaranteed the F’s obligation under the instant investment agreement against Defendant B.

In accordance with the instant investment agreement, the Plaintiff received KRW 160 million from Defendant B on February 10, 2010, and KRW 300 million on February 23, 2010.

After all, the Plaintiff borrowed a total of KRW 110 million from Defendant B, from June 24, 2010 to October 4, 2010, as indicated below, for the purpose of the normalization of F’s management, as the fund for the normalization of F.

An agreement on the repayment date of the borrowed amount on June 24, 2010, which was KRW 50 million, and KRW 2% on September 24, 2010, KRW 10 million on September 20, 2010, KRW 2% on October 31, 2010, KRW 50,000 on October 4, 2010, KRW 110 million on October 31, 2010, KRW 2% on October 31, 2010, KRW 10,000,000,000 after the loan becomes worse, the Plaintiff entered into an agreement with Defendant B on November 4, 2010 (hereinafter “instant agreement”).

[Agreement on Business Transfer and Acquisition] A: Transferee B: Representative Director A of the Bank of Korea.

1. The amount of the business transfer and takeover agreement shall be the loan (0 million won per day) lent by A to B by A, and the capital of D in the company newly established by A (0 million won per day) and the company loan related to B.