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(영문) 서울동부지방법원 2016.02.18 2015가단13509

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 2014, C entered into a partnership agreement with D Co., Ltd. (hereinafter “D”) with respect to the E located in Sungsung City E (hereinafter “dong store”) including the following:

Article 3(C’s Acceptance of Shares) ① A accepted 50% of the share of the same carbon point from D, and paid 225,000,000 won in advance to D by February 10, 2014, excluding the down payment of KRW 25,000,000, which was paid in total, out of KRW 250,000.

Article 6 (Adjustment) (1) D and C shall conduct monthly settlement of the same carbon points, and the methods thereof shall be as follows:

3. The principle of settlement of accounts shall be settled according to each person's shares based on limited pure operating profits from the total sales of the relevant month;

B. On February 25, 2014, the Plaintiff remitted KRW 40,000,000 to the Defendant, respectively, and KRW 50,000,000 on March 4, 2014.

【Ground of recognition】 The fact that there is no dispute, Eul 1, one to three parts, fact-finding results on the Korean bank, the purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion 1) The sum of KRW 90,000,000 was remitted to the Defendant as the actual number of the Plaintiff employees, and the Defendant shall return this amount to the Plaintiff as unjust enrichment. The agreement on the same business as asserted by the Defendant was concluded without the resolution of the general meeting of shareholders D, and it was null and void since the Defendant paid KRW 250,00,000 to G which is only D’s shareholders. 2) The Defendant entered into a partnership agreement on the operation, etc. of the same store operated by D in the name of the wife C around February 2014, and received KRW 90,000 from the Plaintiff who managed D’s funds.

B. The sales contract was concluded without the resolution of D’s general meeting of shareholders.

Even if the above acquisition price of KRW 250,000,000 has been paid to D’s shareholders G, such a contract cannot be deemed null and void as a matter of course on the sole ground of such reasons.