부당이득금 등 반환
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. 1) The Plaintiff is a company that runs real estate sales business, real estate sales business, etc., and the Defendant is a person who takes office as the Plaintiff’s internal director on February 18, 2013. 2) C was appointed as the Plaintiff’s representative director on February 18, 2013.
D was appointed as the joint representative director of the Plaintiff on August 30, 2013, and on November 16, 2015, C retires from the office of representative director and serves as the sole representative director of the Plaintiff from November 17, 2015.
B. Around 2013, the Plaintiff operated a new business of building E apartment units at permanent residence. Of the business funds in short time, the Plaintiff was invested by the Defendant. (2) The Defendant remitted KRW 500 million from December 11, 2012 to February 25, 2013 to the Nonghyup Bank account (F) and from March 22, 2013.
4. 1. up to 1. up to 450 million won was remitted to the Plaintiff’s bank account.
3) On August 7, 2013, the Plaintiff created a pledge on the Plaintiff’s claim for beneficial rights equivalent to KRW 2 billion against G Co., Ltd. (C). On December 14, 2015, the Plaintiff prepared the instant confirmation document to the Defendant on December 14, 2015 (hereinafter “instant confirmation document”).
The confirmation was drawn up, and the defendant, the plaintiff, and D affix their seals respectively. The confirmation was signed and sealed by the plaintiff. The plaintiff is responsible for the proceeds of KRW 1 billion (right of pledge) in the amount of KRW 1 billion (25 months) borrowed and used in the confirmation document, and the withholding tax is also responsible for the plaintiff (the verbal promise was made at the time of borrowing).
2.If the interest rate to be added exceeds twenty-five (25) months by deposit, all rights, such as profits from the Company (Plaintiff) and the total of thirty (30) per cent of the shares held when paid in full by the Company (Plaintiff) shall be transferred gratuitously to a person D.
3. If the defendant's profits are not satisfied, all rights, such as profits, shall be transferred without compensation to a person to whom D is the category.
The above contents are subject to civil and criminal liability for the defendant's profits, and seal is affixed to the confirmation document.