logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.02.18 2014가합46559
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. E’s share delivery agreement 1) The Plaintiff was one-person E, who died on September 19, 2012, and the Plaintiff was D Co., Ltd. (hereinafter “D”) around 2005.

At the time of acquisition, the trade name was FF corporation, and was changed to the current trade name on May 26, 2006.

(2) On March 4, 2005, E agreed to deliver 15% of the shares of D owned by the Plaintiff to the Defendants free of charge on the grounds that the Defendants played a critical role in D’s acceptance.

B. Defendant C’s acquisition of shares 1) G Co., Ltd. (hereinafter “G”).

(1) On November 22, 2007, E made a loan of KRW 1,400,000 from a national bank, and on November 28, 2007, E purchased 12,000 shares of the Plaintiff, which were held in title trust in H and I, and then remitted KRW 1,40,000 to the financial account under H and I’s name. After termination of title trust, E paid KRW 1,271,721,237 (=315,734,245, 986, 992) to the Plaintiff’s total amount of KRW 1,364,250,00,00 from its own account and KRW 1,400,000 to the Plaintiff’s account under the name of H and I, 200, 309, 200, 300, 300, 40,000 shares shares shares shares transfer to the Plaintiff’s account.

3) On September 2, 2008, E deposited a total of KRW 1,344,250,000 in the account under the name of oneself and J as a check. Meanwhile, G was merged and dissolved with the Plaintiff on December 28, 2009. C. Defendant B’s acquisition of shares on September 24, 2008 between E and E representing the Plaintiff on September 24, 2008, the transfer value per one share for registered common shares of D owned by the Plaintiff was KRW 14,300 in total, and KRW 1,394 in total.

arrow