부당이득금
1. Defendant B and C jointly share KRW 250,000,000 to the Plaintiff and Defendant C with respect thereto from March 28, 2018.
1. Facts of recognition;
A. (1) On August 26, 2015, the Plaintiff entered into a contract with Defendant B and C to acquire the right to operate a social welfare foundation E (hereinafter “instant corporation”) at the price of KRW 5.75 billion (hereinafter “instant transfer contract”).
The Plaintiff paid KRW 1 billion as contract deposit to the said Defendants, and the said Defendants obtained approval from the board of directors of the corporation within 30 days from the date of conclusion of the contract, and agreed to invalidate the contract and immediately return the deposit when the approval of the board of directors is not obtained.
(2) On the same day, the Plaintiff paid one billion won as the contract deposit to Defendant B, and the said Defendants, in the sense that they agreed to return the deposit to the Plaintiff, prepared and delivered the loan certificate indicating the borrower as Defendant B and the guarantor as Defendant C.
(3) The Defendants did not obtain the approval of the board of directors within the time limit for the instant transfer contract. While the Plaintiff continued to extend the time limit, around July 2016, the said Defendants paid KRW 200 million under the pretext of part payments instead of reducing the total amount of the transfer price to KRW 5.5 billion at the request of the said Defendants.
By December 31, 2016, the aforementioned Defendants agreed to the Plaintiff as a director at a disaster cycle with the approval of the board of directors of the corporation.
B. The above Defendants did not obtain the approval of the board of directors until the lapse of the above time limit, and the Plaintiff and the above Defendants agreed to return KRW 200 million on the date of agreement, KRW 750 million on the date of agreement, and KRW 200 million on the date of agreement, and KRW 750 million on the date of agreement, and the remaining KRW 250 million upon the conclusion of the contract to transfer the right to operate the corporation of this case to another person.
(2) The above Defendants returned KRW 950 million to the Plaintiff, and thereafter transfer the corporation’s operating right to the Plaintiff to another person.