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(영문) 수원지방법원 여주지원 2018.01.17 2015가합11426
부당이득금
Text

1. The Defendant: KRW 74,181,281 as well as the Plaintiff’s annual rate from December 17, 2015 to January 17, 2018; and

Reasons

1. Basic facts

A. On June 26, 2013, the Plaintiff is a company established with a golf practice range business, real estate rental business, etc. as a target business with the trade name “stock company C” and the Defendant served as the Plaintiff’s representative and in-house director from the time of the Plaintiff’s establishment until October 21, 2015.

B. On January 5, 2015, the Plaintiff: (a) leased the F building owned by D and worked as a representative and in-house director from E (hereinafter “E”); (b) operated a golf practice range in the said building; (c) sold the said building to H due to auction (U.S. District Court G); and (d) closed the golf practice range business on April 2015.

After that, on October 21, 2015, the Plaintiff deleted the golf practice range business, etc. from its intended business, and changed its trade name to “A”, thereby running real estate rental business.

C. At the time of the establishment of the Plaintiff, I transferred the entire shares of the Plaintiff to J on August 2013, and the J transferred the entire shares to K on April 10, 2015.

K has served as a representative and in-house director from October 5, 2015 until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1, 5, 14, 15 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant directed D around August 12013, and ordered D to lend KRW 3,00,000,000 in cash to L in a monetary relationship with the Defendant.

2. On March 7, 2014, the Defendant transferred KRW 36,917,723 to a certified judicial scrivener’s account for the purpose of cancelling the right to collateral security and withdrawing the auction on real estate owned by the Defendant (520 square meters and buildings on this ground).

3. On March 12, 2014, the amount of KRW 200,000 was transferred to a certified judicial scrivener N account with legal procedural costs necessary for cancellation of the right to collateral security and withdrawal of auction on the above real estate owned by the Defendant.

4. Regarding the above real estate owned by the Defendant on April 10, 2014.

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