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(영문) 대전지방법원 2016.01.22 2015나7389
부당이득금
Text

1. The plaintiff's appeal and the claim selectively added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On January 26, 2006, the representative liquidator of the parties and six persons, including the defendant, N, X, Y, Q, etc., established the plaintiff for the purpose of purchasing and selling real estate and its management business by investing KRW 50 million each on January 26, 2006, and C, the defendant was appointed respectively to the representative director, and the defendant was appointed to the representative director of the plaintiff on September 19, 2006, and then resigned on February 20, 2008.

B. Around December 2006, the Plaintiff’s filling station business run the Plaintiff’s filling station business. Around December 2, 2006, introduced D with the Defendant, and solicited D to purchase land suitable for the liquefied gas sales charging station in the green belt area publicly announced by the Sung-gu Office. (2) As to D and C representing the Plaintiff, on December 21, 2006, the Plaintiff entered into a service contract with D to have the share in the management and operation of the filling station owned 1/2, respectively, on the instant land.

3) The Plaintiff’s sales contract to purchase the instant I land owned by F in the name of the E and one other on December 21, 2006 to operate the said filling station business (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

(4) On the same day, D, contrary to the terms of the above consulting services agreement, intended to make an investment in the full amount of the I land purchase price to F, and transferred KRW 300 million to K’s account, which is a type of J’s fraud, on January 10, 2007. The Plaintiff Company remitted KRW 200 million out of the above KRW 300 million to F’s account as an intermediate payment of the instant sales contract, and D, on February 15, 2007, directly, to F’s account.

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