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(영문) 서울중앙지방법원 2019.10.16 2018가합587395
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 25, 2017, the Plaintiff assumed office as an internal director of a stock company C (hereinafter “C”) with the purpose of water-related leisure business, yacht lending business, etc. as its business purpose.

The defendant is a company with the purpose of construction, sale, and repair of yachts, and D was registered as the representative director of each defendant from April 5, 201 to April 5, 2014, and from January 16, 2017 to September 12, 2017, and held 30% of the defendant's shares.

B. On December 30, 2013, the Defendant concluded a shipbuilding agreement with C on a 18-meter pair-type yacht (hereinafter referred to as “instant yacht”) whereby the 1.55 billion won for the purchase price and the supply period until September 30, 2014.

On June 30, 2014, the Defendant and C changed the supply deadline to October 31, 2015 on the grounds of delay in inspection duties and revision of business strategies.

(hereinafter “this case’s yachts drying contract”). (C)

On December 12, 2013, the Defendant entered into a contract with E located in Thailand (hereinafter “E”) under which the instant yacht was subcontracted. D.

The construction of the instant yacht was discontinued for a considerable period of time after the discontinuance of the business, and was resumed as the Plaintiff’s internal director. The construction cost of the instant yacht was transferred from the Plaintiff’s account in the name of the Defendant to the Defendant’s account in the name of the Plaintiff, KRW 150 million on August 31, 2017, KRW 150 million on November 13, 2017, KRW 80 million on December 22, 2017, KRW 300,000 on December 22, 2017, KRW 150,000 on March 23, 2018, and KRW 480,000 on March 23, 2018 to the Defendant’s account under the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 11, Eul evidence 4 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion 1 is that: (a) the Plaintiff renounced the Plaintiff’s existing investment in the instant yacht, which was in a state of suspension after construction under the instant yacht drying contract from D, the actual representative of C and the Defendant’s representative; and (b) the Plaintiff is an individual.

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