부당이득금
1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from January 9, 2018 to the date of complete payment.
1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.
On August 21, 2014, the defendant was established for the purpose of mobile meal service sales business, apartment construction site restaurant business, etc.
The representative director is C.
The total number of outstanding shares is 1,000 shares per share (1,000 won per share, the total issue amount of 1,000 won per share), and are listed in the register of shareholders in C’ name.
The actual operator of the defendant corporation is registered as the auditor.
[B] On January 13, 2017, the Plaintiff and the Defendant prepared the following “a contract for acquisition or transfer of a corporation or business right”: (a) a certified copy of the register of the corporation; and (b) a preparatory document dated May 2, 2018.
[A. 1 and hereinafter “instant transfer/acquisition agreement”). The contracting owner: the transferor - the defendant corporation, the transferee - the subject of the Plaintiff:
1. Total number of shares owned by the defendant and corporate body;
2. Expenses for the supply of mobile meal services and for the transfer of business rights within the construction site of the defendant: The shares owned by the defendant's representative C shall be transferred at KRW 10 million.
The proceeds of the transfer of a business license (block operating right): Total of KRW 260 million - the down payment of KRW 200 million at the time of conclusion of a contract, and the remainder of KRW 30 million out of the remainder of KRW 60 million shall be paid until March 31, 2017, and the remainder of KRW 30 million shall be offset by the amount recovered by the corporation on January 31, 2017.
The transfer contract of this case was prepared in the name of the defendant corporation and the corporate seal impression was affixed, and D signed on the contract as an agent of the defendant corporation.
The parties to the conclusion of contracts shall be examined.
In light of the contract conclusion process, transfer proceeds, etc. indicated in the records of this case, the subject matter subject to the transfer contract of this case at the time is the “brine restaurant operation right” operated by the Defendant corporation, and the contracting party should be deemed as not only D individual but also the Defendant corporation.
This is because the subject of transferring his main business right to the plaintiff is the defendant corporation.
The transfer contract of this case.