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(영문) 서울중앙지방법원 2015.09.22 2014가합515606

부당이득금

Text

1. The plaintiff's claim against the defendant (appointed party) and the appointed party D is all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The relationship between the parties is that E is a representative director, F is an internal director, and the defendant’s assistant intervenor (hereinafter “participating”) holds 40% of the Plaintiff’s shares, and that the defendant and the appointed party D are children of each intervenor.

B. Around July 1999, F entered into a partnership agreement between the Intervenor and E and F, together with the Plaintiff, established the Plaintiff and took over the building and site of the G Co., Ltd. in its name in the auction procedure. Around January 2001, the Intervenor lent KRW 400,000 to the Plaintiff at the auction price of the factory to be used by the Plaintiff. Around January 2001, the Intervenor converted this into the amount of investment, thereby holding 40% of the Plaintiff’s shares.

Around that time, the Intervenor entered into a partnership agreement with E and F on February 18, 2001 with the following contents (hereinafter “instant partnership agreement”).

I. Four (E), B (E), C (F), C (H, and Intervenor’s dos dominants) will not always be forgotten at the time of the payment of the auction proceeds of the factory acquired by the Company for the operation of the business and will combine with the mind and intent of the Company and cooperate with each other with each other.

Ⅲ. Agreement on equity;

1. A’s shares are 40% for shares, 27% for shares for E, 20% for C’s shares, and 13% for justice.

2. The Company’s capital shall be one billion won, and the amount of the Company’s capital shall be KRW 266,50,000 as the amount of equity investment, and the amount of equity shall also be converted as the amount of equity investment, while the amount of equity shall also be KRW 133,50,000 as the amount of equity investment, any change within the inherent scope of each person’s own share may be arbitrarily changed.

IV. Operation of Company

2. In principle, the general matters of the operation of the company shall be to obtain the post-determinations of B, and the amount exceeding one million won per transaction among the matters concerning the acquisition of assets and the disbursement of expenses shall be to obtain the pre-determinations of B at an appropriate time, such as holidays, etc.

3.A and Byung responsible for the management of the Company shall report to B and E: