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(영문) 의정부지방법원 2021.02.05 2020가단110533

부당이득금

Text

The Plaintiff

A. Defendant B’s KRW 33,030,00 and for this, KRW 5% per annum from July 6, 2018 to May 13, 2020.

Reasons

Facts of recognition

A. Defendant B, around June 2018, operated several companies including the hotel equipment company of “E”, and among which, among them, the company “G” was trying to adjust the shares of the shareholders of the company, Defendant B, who paid KRW 40 million to the Plaintiff, may take over the shares of the shareholders with the funds and take over the shares of E’s mother and the Plaintiff only as the only shareholder. Defendant B, who appointed the Plaintiff as the representative director, may bring about four (4) monthly benefits and remaining benefits in form to the mother of E, who would reduce the appointment of the Plaintiff as the representative director.

The term "G" proposed the acquisition of "G".

B. On July 5, 2018, the Plaintiff paid KRW 40 million to the deposit account in Defendant C’s name according to the direction of Defendant B.

(c)

Defendant B would be better to have the duties of Defendant B, who is a director, until G acquisition is completed, to the Plaintiff.

On the other hand, when operating a company which is a corporate company, it is better to operate only four individual business operators.

On August 23, 2018, the Plaintiff registered an individual entrepreneur with the trade name “H”.

(d)

On January 29, 2019, the Plaintiff issued a tax invoice in the Plaintiff’s name of “H” with respect to KRW 10,530,000 of the goods supplied by Defendant B (hereinafter “I”) and prepared and issued a written confirmation of the balance in the Plaintiff’s name.

E. On March 19, 2019, the Republic of Korea issued a decision to recommend performance that “I shall pay KRW 10,530,000 to I” as the Namyang-si District Court Decision 2019 Ghana Decision 2019.3.4524.

F. Defendant B did not proceed with the receipt of “G” as agreed, and upon the Plaintiff’s request for the return of the acquisition price, only KRW 17.5 million was returned.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 8 (the plaintiff and defendant company) and civil lawsuit law.