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(영문) 서울중앙지방법원 2016.07.01 2015가합3223
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Status 1) Plaintiff A is the deceased E (hereinafter “the deceased”).

(2) From September 18, 2007 to December 9, 2009, the Defendant served as the representative director of F Co., Ltd. (hereinafter “Co., Ltd.”) from September 18, 2007 to December 9, 2009.

B. The refund of the provisional deposit to the deceased of F who returned the provisional deposit was deposited as follows:

On November 22, 2007, the deposit account of the Defendant’s new bank account (G) of KRW 300 million (G) of KRW 300 million on February 19, 2008, KRW 40 million on May 14, 2008, KRW 400 million on March 13, 2009, KRW 50 million on March 19, 2009 (H; hereinafter “the deceased’s first account”).

C. A retirement allowance of KRW 133,939,640 due to the F retirement of the Deceased was deposited in the first account of the Deceased on September 30, 2009.

Membership sales proceeds of the deceased were deposited in the first account of the deceased as follows:

The amount on the date of entry shall be KRW 50,000,000,000 won for the purchase price of 300,000,000 won for 39,000,000 won on November 1, 2009, for the purchase price of the membership of the Korea Condo on December 21, 2009 and KRW 10,55,000,000,000 for the purchase price of the membership of the Korea Condo on August 11, 2010.

E. As the purchase price of shares J Co., Ltd., I deposited KRW 672,00,000 in total to a new bank account under the deceased’s name (K; hereinafter “the deceased’s second account”).

The amount of KRW 1.5 million on June 24, 2009 and KRW 50.4 million on June 29, 2009; KRW 3.67.2 million on July 17, 2009; KRW 4.568 million on August 31, 2009; KRW 5.68 million on September 1, 2009; KRW 6.8 million on September 15, 2009; KRW 7.168 million on September 30, 2009; and KRW 677,2 million on October 30, 2009.

F. On the other hand, the Deceased’s illness and death, and on the other hand, on January 24, 2009, died on September 16, 2013 and died on the part of the Deceased, and on the other hand, the deceased died on September 16, 2013. The deceased’s heir, the spouse of the Plaintiff A, the Plaintiff B, and C.

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