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(영문) 서울서부지방법원 2016.08.26 2015가단246790
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 February 13, 2015, the Plaintiff, the Defendant, and C entered into a joint investment agreement on hotel business (hereinafter “instant agreement”) with a company for the construction and operation of a hotel after establishing a joint venture after jointly investing cash or in kind.

The main contents of the instant agreement are as follows.

The plaintiff, defendant, and C shall establish a hotel operating corporation (stock company).

(4) Article 4. The Company’s land investment amount, capital investment amount, and stock ratio (Articles 5, 6, and 7) (Article 5), as well as the number of investors’ land investment amounting to KRW 3,834,00,000, KRW 486,000, KRW 97,200 (54%) for KRW 324,00,000 for KRW 64,800 (36%) for KRW 710,000 for KRW 90,000 for KRW 18,000 for KRW 10,000 for KRW 10,000 for the Company, KRW 90,000 for the Company’s land investment amounting to KRW 386,00,000 for KRW 90,000 for the Company’s land investment amounting to KRW 100,000 for the Plaintiff’s land investment amounting to KRW 50,000 for the Plaintiff’s land investment amounting to KRW 20.

B. According to the instant agreement, on February 23, 2015, E Co., Ltd. (hereinafter referred to as “E”) was established on February 23, 2015, and the Plaintiff, the Defendant, and C were their shareholders.

The Plaintiff and C paid the land investment money to the Defendant as the lease deposit.

C. The plaintiff was appointed as the representative director of the company, but the actual business of the company was dealt with by the defendant as the representative director.

The husband G, as an actual investor, exercised the voting right as a director on behalf of the Plaintiff.

Grounds for Recognition: Facts without dispute, Gap 1, 4, 8, 9, and 17, as a whole, and all pleadings.

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