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(영문) 창원지방법원 2019.07.02 2019가단101918

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. A. around March 2013, at the time of the Plaintiff’s incorporation, 5,00 shares were issued, and C became a shareholder of the entire shares that occurred and became the representative director of the Plaintiff Company.

B. On March 6, 2013, the Defendant borne KRW 50 million necessary for the incorporation of the Plaintiff Company.

In order to purchase a lot of 972.6m2 from Changwon-si, Changwon-si, Changwon-si, the Plaintiff borne by the Defendant a bid bond of KRW 235 million paid in Changwon-si on March 8, 2013 in order to purchase a lot of 972m2.

C. A dispute arises between C and the Defendant, the representative director of the Plaintiff, regarding the ownership and management right of the Plaintiff Company, and the Defendant applied for provisional disposition against C, Changwon District Court 2014Kahap14, which is the Seoul District Court.

On April 21, 2014, conciliation was concluded between C and the Defendant with respect to the above provisional disposition case, as follows, and at the time, the Plaintiff participated as the conciliation intervenor.

(hereinafter “instant conciliation”). Conciliation provisions

1. C shall transfer to the Defendant 2,500 shares out of 5,000 common shares issued by the Plaintiff (10,000 shares per share).

2. The Plaintiff shall register the Defendant on the register of shareholders and notify the Defendant of the registration in writing immediately after the mediation is completed.

3. Upon being notified of the above registration, the Defendant shall immediately withdraw all the principal case, such as the return of shares 2014Kahap246; the provisional injunction against the disposal of shares prior to the occurrence of share certificates; the provisional injunction against the disposal of voting rights; and the provisional injunction against the disposal of 2014Kahap16; and the provisional injunction against the disposal of real estate 2014Kahap17, and the execution thereof shall be rescinded.

C agrees to the application for cancellation of security provided by the defendant at the time of the above application for provisional disposition, and waives the right of immediate appeal against the cancellation of security.

4. The defendant shall not participate in the plaintiff's management in addition to exercising his authority as an auditor.

5. C and the Plaintiff jointly and severally shall be paid to the Defendant KRW 260 million by June 30, 2014, but the payment shall be made at the time of delay.