beta
(영문) 서울동부지방법원 2018.06.08 2017가단128290

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. C Co., Ltd. (hereinafter “C”) is a company established to carry on the Liber Development Project in the Republic of Chicago, and the Plaintiff is a shareholder of C.

B. The defendant is the representative director of E Co., Ltd. (hereinafter “E”).

C. On February 28, 2008, E entered into a contract for the lease of a site leased by the Joint Development Corporation from the Republic of Yong-Ba by the Small and Medium Enterprise from the Small and Medium Enterprise (hereinafter “Joint Development Corporation”) to carry out the Liba development project in the Republic of Yong-Ba and paid USD 200,000 to the Joint Development Corporation as a down payment, with the rental period of 99 years and the rent of 2.5 million US dollars (hereinafter “land use right contract”).

Afterward C B B between E and March 28, 2008

C. The right to land use under the land use right contract entered into as described above shall be transferred to C; C shall pay 20,000 U.S. dollars 200,000 and interest and relevant expenses paid to E to the Allied Development Corporation; and the remainder of 2,30,000 U.S. dollars under the land use right contract entered into a contract with E to pay 2,30,000 U.S. dollars directly to the Allied Development Corporation. The Defendant received 200 shares of C and was registered as C director.

E. C was demanded on July 21, 2008 to open a joint deposit account with C and Foreign Investment Committee within 60 days on condition that C obtain F’s foreign investment permission from the Foreign Investment Committee of the Republic of Chicago in F. < Amended by Presidential Decree No. 25, Feb. 25, 2008>

However, as C did not deposit the above USD 25,00 within the due date, D's representative director D requested the Defendant, who is a director, to deposit the above USD 25,00 in the name of C. The Defendant signed on March 12, 2009 as C's representative director and signed by the Defendant.