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(영문) 광주고등법원(제주) 2017.12.20 2017나10567
부당이득금 반환 청구의 소
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall be jointly and severally with the fixed construction company.

Reasons

1. Facts of recognition;

A. On March 20, 2014, the Defendant borrowed KRW 500 million from static Comprehensive Construction Co., Ltd. (hereinafter “regular Construction”) and deposited it into its own account in its name, and received a certificate of deposit balance necessary for the establishment of NA (hereinafter “B”) at the Young-dong Branch of Korea Bank, etc.

B. The registration of incorporation was made on March 21, 2014 based on the deposit balance certificate. At the time of the incorporation, the Defendant loaned KRW 450 million out of the above KRW 500 million to Spoi Co., Ltd. (hereinafter “Spoi”) and paid KRW 450 million out of the above KRW 50 million in the amount of the incorporated capital B. The Defendant paid the remainder of KRW 50 million in the amount of KRW 50 million. Ultimately, the Defendant paid the remainder of KRW 50 million in the equity ratio of KRW 90,00, KRW 90,00 in the amount of KRW 50,00 in the amount of KRW 10,00 in the amount of shares, KRW 50 per share, KRW 50,00 in the amount of KRW 2.

C. Around March 2014, the Plaintiff entered into a contract with B to transfer the Plaintiff’s comprehensive waste recycling license, etc. to B in the name of the Plaintiff at KRW 500 million (hereinafter “the instant contract”). D.

On March 21, 2014, the Defendant deposited KRW 500,000 in the Nong Bank account (Account Number: 301-0145-7458-81) in the name of the Plaintiff’s name, and withdrawn KRW 500,000 on the same day as the Defendant had a passbook and seal in the above Nong Bank account under the name of the Plaintiff, and then withdrawn the above KRW 50,000

A. It was deposited into an account in the name of a full-time comprehensive construction company in order to repay the borrowed amount as stated in the paragraph.

【Reason for Recognition】 Each entry of Evidence Nos. 1 through 18 (including each number), and the purport of the whole pleadings

2. As acknowledged above, the defendant borrowed KRW 500 million from the fixed comprehensive construction so that the above amount can be paid as the established capital B through himself or at sight, and then, it was paid to the plaintiff as the price for the business transfer contract of this case, and then withdrawn again, and deposited it into the account in the name of the fixed comprehensive construction.

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