logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.05.26 2015가단118157
부당이득금
Text

1. The Defendant: (a) KRW 21,00,000 for each of the Plaintiffs and 20% per annum from June 12, 2015 to September 30, 2015; and (b).

Reasons

D Around December 23, 2009, the Defendant purchased 70,000 registered common shares from the Defendant’s possession of the Defendant, and on the same day, remitted KRW 42,00,000 from the account in the name of F Co., Ltd., the representative director, to the national bank account in the name of the Defendant, and upon D’s death on September 5, 2010, the facts that the Plaintiffs jointly succeeded to the relevant property do not conflict between the parties, or that the facts that the Plaintiffs jointly succeeded to the property do not exist between the parties or that of the evidence Nos. 1 and 2 comprehensively consider the whole purport of the pleadings.

In addition, although the plaintiffs, a heir of D, notified the defendant to perform the obligation to deliver share certificates under the terms of the above sales contract by the delivery of the copy of the complaint of this case, the defendant did not perform this obligation until the closing date of argument of this case, and the plaintiffs expressed their intent to cancel the above sales contract on October 21, 2015 through the preparatory document of this case, on the ground that they failed to perform the obligation to deliver share certificates, and the fact that such preparatory document was served on the defendant's attorney on the 2

According to the above facts, the above share sales contract was lawfully rescinded by the plaintiffs' cancellation due to the defendant's default. Thus, the defendant is obligated to return to the original state following the cancellation of the above share sales contract, and each of the above shares of inheritance (1/2), 21,000,000 won, which is the amount corresponding to the plaintiffs' shares of inheritance (1/2), from among the above sales price.

On the other hand, the defendant asserts that the plaintiffs' assertion that the defendant did not receive the transfer of real shares to D is unfair.

However, there is no evidence to acknowledge this even after examining the record, and the defendant's assertion is without merit.

Thus, the defendant is about the promotion of litigation from June 12, 2015, which is the day following the delivery of a copy of the complaint of this case, as requested by the plaintiffs, as to each of the above 21,000,000 won to the plaintiffs.

arrow