beta
(영문) 부산지방법원 2017.12.07 2016가합49040

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

1. Basic facts

A. The Plaintiff and Defendant B are in a marital relationship, and the Defendants are in a marital relationship.

B. On March 15, 1994, the Plaintiff engaged in the automobile maintenance business under the trade name of “F” (hereinafter “instant maintenance facility”) by leasing a building of 1,515 square meters and its ground from D, Geumcheon-gu, Busan.

Defendant B served in the instant rearrangement office from around 1994 to 2001.

C. On May 16, 2001, the Plaintiff entered into a contract for the transfer and acquisition of a place of business (a facility and other machinery, etc.) with its creditor G and H (employee representative) (hereinafter “instant contract for the transfer of a maintenance shop”) with the content that the Plaintiff transfers the instant maintenance shop to the above creditors while operating the instant maintenance shop. The summary of the contract is as follows.

1. The Plaintiff evaluated the value of the instant maintenance facility and the interior machinery as a total of KRW 600 million and transferred 1/2 shares to G and H, a creditor of the Plaintiff.

2. However, in the case of G, if the Plaintiff repaid KRW 265 million to November 15, 2001, G, upon satisfaction of KRW 200,000,000, G, the transferred shares shall be returned to the Plaintiff. In the case of H, H, on the condition that the Plaintiff assumes the Plaintiff’s obligation to pay the Plaintiff the total amount of KRW 182,759,451, including the retirement allowance obligation to the employees of the instant maintenance shop, and that the settlement amount shall be paid to the Plaintiff.

3. In the case of the operation of the instant maintenance center under the joint name by G and H, all of the safety accidents, liability relations, etc. that occur until November 15, 2001 shall be dealt with under the responsibilities of both the Plaintiff and H.

4. In the event that the Plaintiff is unable to repay its obligations to G by November 15, 2001, the equity of 1/2 of the instant rearrangement shop belongs to G as payment in substitutes, and the Plaintiff waives its rights to the instant rearrangement shop.

The Plaintiff, against the Defendants, changed the name of the business operator of the instant maintenance station to Defendant C, and the Defendants are owned by the Plaintiff without any legal ground.