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(영문) 제주지방법원 2017.04.10 2016가단52950

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 28, 2012, a sales contract was concluded between the seller and the buyer, as to the 2345.6 square meters of the D orchard on March 28, 2012 between the seller and the buyer, and the two other parties, with the payment of KRW 1,316,50,000,000, and the down payment of KRW 100,000 per sales day, and the remainder was paid on May 30, 2012. On the date of the contract, the Defendant paid KRW 40,000,000, KRW 40,000,000, and KRW 20,000,000, respectively.

B. On May 23, 2012, G Co., Ltd. (hereinafter “Plaintiff”) was established for the purpose of constructing loans on the above purchased land (hereinafter “Plaintiff”). The Defendant, a representative director, H, and E, respectively, was appointed as an auditor.

C. On July 12, 2012, the following agreements were concluded between the Defendant (A) and F (B), and H (B) (hereinafter “Agreement”).

(1) In the purchase of land I at Jeju-si 312.24 (Partial Rent of Land Owned), the amount of 200 million won subsidized by the defendant shall be loaned from financial institutions and the executor designated by Eul shall complete the construction, execution, sale, and all other things with a loan of 200 million won from the defendant.

(2) B shall start on May 30, 2012 and start on May 30, 2012 and, except in extenuating circumstances, the date of completion shall be May 30, 2013.

(3) Eul shall set up a security at the bank in the absence of sale in units at the time of completion and pay to the defendant a sum of KRW 200 million of the principal and investment dividends of KRW 160,000,000,000,000,000,000,000 for a total of KRW 366,000,000,000,000,000,000,000,

(4) The defendant shall, at the same time as receiving the principal and investment dividends from Eul, resign the representative director and auditor of the plaintiff, and also transfer his/her stocks to Eul.

(5) The whole of the design expenses, global income taxes, preservation registration expenses, loan interest expenses and taxes in connection with this project shall be borne in full.

(6) B shall be responsible for all civil petitions and all legal issues arising from the construction of B lending.