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(영문) 수원지방법원안양지원 2016.04.01 2015가합1395
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that they established and grow D Co., Ltd. (hereinafter referred to as the "instant company") with the defendant.

On December 29, 2004, the defendant, the representative director of the company of this case, increased the company's capital of KRW 100 million and recognized the plaintiffs' contribution to KRW 4,000, and ordered the plaintiff Eul to acquire 4,200 shares and 3,200 shares (hereinafter "each shares of this case").

On January 10, 2008, the plaintiffs held each of the shares of this case and held that the above shares were held in title in order to attract investors of the company, and the defendant agreed to pay the price to the plaintiffs when selling shares.

After that, on April 3, 2012, the shares of the instant company were divided from KRW 5,00 to KRW 500 per share, and when the value of each of the instant shares was converted into the value of each of the instant shares after division, 40,000 shares, each of them was 40,000 shares, and the Defendant, around May 6, 2015, sold most of the shares (3,000,000 shares out of KRW 3,40,000 each of the instant shares) including each of the instant shares to KRW 12,90 per share, pursuant to the foregoing agreement, 516,00,000 won for the sale of KRW 40,00 per share to the Plaintiff (40,000 x 12,900 won), and 32,000,0000 won for the sale of each of the instant shares to the Plaintiff (32,000 won for delay compensation).

2. We examine the following circumstances: (a) at the time when the plaintiffs subscribed to each of the shares of this case, all of the shares were paid by the defendant; (b) on January 9, 2008 and January 10, 2008, when transferring each of the shares of this case to the defendant on January 10, 2008, the plaintiffs prepared a deed of transfer at the defendant's request; (c) the above deed of transfer does not contain any condition, purchase price, etc.; and (d) there is no objective stipulation on the title trust agreement or the payment agreement.

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