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(영문) 광주지방법원 2019.09.04 2019나52453

부당이득금

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant C and D operated a limited liability company F, and Defendant C and Defendant D were the representative director of the above company from 2009 to the representative director of the above company, and Defendant D were the auditors of the above company from 2007.

C 20,000,000 1 20,0000 20,0000 2,0000 2,0000,000 Q Q 10,000 10,000 K 10,0000 1,0000 1,000,000 1,000,000 1,0000 c 2,000 c 2,000 c

B. The Defendants, together with I, J, Q, and K, who are their family members or branch members, held an inaugural general meeting on June 22, 2015 and on June 30, 2015, established H cooperatives by completing registration of incorporation on July 28, 2015.

The amount of investment of each member and each member listed in the list of partners at the time of establishment shall be as listed in the following table:

C. The H Cooperatives established as above received vehicles in kind in order to operate passenger transport business after completing registration on September 11, 2015.

Plaintiff

A, on January 13, 2016, as a person who worked as a driver in F by a limited liability company F, paid 30 million won to Defendant D in the name of an arrangement for the purchase of vehicles, and decided to purchase G vehicles owned by the limited liability company F (hereinafter “instant vehicles”).

In addition, around June 30, 2016, Plaintiff A submitted to Plaintiff B an application for membership in the H cooperative in the name of Plaintiff B, its wife, as “the date of membership” and “date of investment” column, respectively, and as “investment in kind” column, respectively. Defendant D, on the same day, filed an application for membership in kind with Plaintiff B as an investor in kind and issued the certificate of investment in kind with Plaintiff B as the instant vehicle on behalf of the H cooperative.

On August 2016, the owner of the instant vehicle changed the F from a limited liability company F to H cooperative.

E. The Plaintiff A operates the instant vehicle, pays its revenue to the Plaintiff F or H Cooperatives, and is on the instant vehicle every month from March 2016 to April 2017, with a limited liability company F and H Cooperatives and other accounts.