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(영문) 수원지방법원안산지원 2015.04.29 2014가단101170

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 76,411,837 and the interest rate of KRW 20% per annum from February 11, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff and C’s business takeover agreement 1) On August 23, 2010, the Plaintiff transferred to C the entire shares and construction business license, etc. of the Defendant (i.e., the former trade name: limited liability company D) who is the representative director and the Defendant (i.e., the former trade name) who owns the entire shares, to the Plaintiff.

(1) Article 2(1) of the Mutual Aid Association Act provides that “A shall separately provide for the property of Party A, including the equipment, tools and fixtures leased by Party A, and real estate owned by Party B, and vehicles, etc. owned by Party B; “A”; “B”; “B”; “B”; “the subject matter transferred by Party A to Party B” is as follows: (a) the total number of shares owned by the Defendant and the subject matter transferred by Party B to Party B; and (b) the subject matter transferred by Party B to the Mutual Aid Association; and (c) the transfer price of Article 2 of the Mutual Aid Association balance shall be KRW 90,000 per day.

(including 57 accounts for contributions to a mutual aid association, and including 3 million won for consulting fees. However, the contract in which C is a private person among the contracts in this case shall be deemed to be a cause of 95 million won, including consulting expenses for a non-construction information corporation.

Article IV Implementation Clause 3) When there is a project in progress, A and B shall be implemented in accordance with a separate agreement. 4) During the process of transfer or acquisition, the name, trade name and head office of the last transferee may be changed.

Article 5 (1) A shall complete the construction work process regardless of B, and the profits and losses of the construction work shall also belong to A’s responsibility. (2) Where A bears the rights to, and obligations and responsibilities for, the contract for the construction work being executed by A, but where B continues to implement the construction work upon receipt by mutual consent, A shall submit to B a written consent, etc. of the ordering person, and the details and amount of the construction work shall be separately set by both parties.