부당이득금
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The Plaintiff A is a company that engages in information and communications, manufacture, and distribution of medical devices, and the Plaintiff B serves as an internal director as the largest shareholder of the Plaintiff A.
F served in the Plaintiff from July 2007 to November 201, 2016, and served as an internal director from around 2015, and from around 2015 to November 2016, the G Co., Ltd. (hereinafter “G”) which is the Plaintiff’s subsidiary from around 2015 to around 2016 as an internal director.
B. (1) On January 26, 2016, two copies of the cashier’s checks (H and I) issued from G’s account were issued on January 26, 2016. (2) Two copies of the above cashier’s checks were deposited into the account of the J company under Defendant C’s name.
C. (1) From the account of G to April 26, 2016, three 10 million won cashier’s checks (K-L) were deposited into the Plaintiff’s account on the same day. (ii) From the account of G to April 22, 2016, one 50 million won cashier’s checks (M) withdrawn on April 22, 2016 were deposited into the Plaintiff’s account again on May 16, 2016.
3) From the G’s account to the F’s account on May 31, 2016, the KRW 50 million was transferred from the F’s account to the Plaintiff’s account on the same day, and immediately after the transfer of KRW 50 million from the F’s account to the Plaintiff’s account, the F transferred KRW 50 million from the Plaintiff’s account to the Plaintiff’s account. 4) on April 26, 2016, the F prepared a cash custody certificate stating that “I will return to Defendant D, and I will return KRW 30 million to the Plaintiff’s account.”
Plaintiff
B, May 31, 2016, “Defendant D Ha and 50 million won are received and kept from Defendant D on May 31, 2016, but I promised to return by June 3, 2016.”
5 Plaintiff B transferred KRW 30 million to F’s account on May 4, 2016.
Plaintiff
A transferred KRW 100 million to G’s account on July 6, 2016, and G immediately transferred the said KRW 100 million to F’s account.
Plaintiff
A paid KRW 200 million to Defendant E around July 2016.