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(영문) 수원지방법원 안양지원 2018.11.30 2017가합102360

부당이득금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 5, 2012 to November 30, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On August 13, 1986, the Plaintiff was established for the purpose of the aerial drawing business, the plane surveying business, the map production, and the numerical map production business, and the Defendant was established for the purpose of the aerial drawing business, the plane surveying business, the plane surveying business, etc. on February 14, 201.

On January 5, 2012, the Plaintiff (former representative C) transferred all rights and obligations related to D (including related patents, business performance records, and hereinafter “instant surveying business”) among surveying business registered with the Korea Land and Transport Information Institute without a special resolution of the general meeting of shareholders on January 5, 2012 to the Defendant as follows (hereinafter “instant transfer/acquisition agreement”), and thereafter, the Defendant reported to the Minister of Land, Transport and Maritime Affairs on the acquisition of the instant surveying business as of January 5, 2012, and reported to the Minister of Land, Transport and Maritime Affairs on February 8, 2012.

The contract shall be concluded as follows in comprehensively transferring and taking over the instant surveying business among the surveying business operated by Gap (the meaning of the plaintiff), which is operated by Gap (the plaintiff).

Provided, That equipment and human resources, and liabilities of the transferor company shall be excluded.

Article 2 (Date of Transfer or Acquisition) The date of transfer or acquisition of surveying business to be transferred shall be January 5, 2012.

Article 3 (Transfer and Acquisition Value) 1) B (the term “Defendant” means “A”, simultaneously with the contract, pays KRW 20,000,000 per day to “A” and “A” shall, at the same time, at the time of receiving the down payment, transfer all the rights to the transferred object and prove it through a notarial act.

On the other hand, on December 12, 2013, E filed a lawsuit against the Plaintiff and C, as a shareholder holding 46% of the Plaintiff’s issued shares, against the Plaintiff and C, by this court 2013Gahap6617. On July 11, 2014, E declared that “C is dismissed from office as the Plaintiff’s director on the ground that C violated the Punishment of Tax Evaders Act, such as violation of the Punishment of Tax Evaders Act and occupational embezzlement, etc., and on August 5, 2014, the said judgment became final and conclusive, and on November 26, 2014, E was appointed as the Plaintiff’s representative director.

Since then, the plaintiff is in this case.

참조조문