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(영문) 부산고등법원 2019.10.16 2018나54845
부당이득금
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff’s claim for restitution of unjust enrichment against Defendant A and the Defendant.

Reasons

1. Basic facts

A. 1) The F Co., Ltd. (hereinafter “F”)

(1) Where a company established on June 21, 1993 and engaged in steel, steel, steel manufacturing, sales business, etc. on December 1, 2014 (Dissolution of Dormant Company) (1) The Minister of the National Court Administration has publicly announced in the Official Gazette that the company, for which five years have passed after the last registration of its head office, has not yet been closed, shall be deemed to have been dissolved at the time of the expiration of the reporting period as prescribed by Presidential Decree, if the company fails to file a report within two months after the last registration of its head office was already announced in the Official Gazette to the court having jurisdiction over the location of its head office, and within two months after the date of notification as prescribed by Presidential Decree. C is deemed to have been dissolved at the time of the expiration of the reporting period. The company is a person working as F from the time of its establishment to December 24, 2008, G representative director who was dissolved from December 24, 2008 to December 16, 2014.

3) E is a company established on October 24, 2001 and engaged in the trust business, etc. of movable property and real estate pursuant to the Financial Investment Services and Capital Markets Act. 4) AA corporation was changed into “AB” on June 13, 2013.

(hereinafter “A” is a company established for the purpose of engaging in credit business and loan brokerage business on July 27, 2012. N is an internal director of A from June 13, 2013 to September 4, 2013, and a person who served as an internal director and a representative director of AA from the next day to November 15, 2013, and M is a spouse of N.

B. C’s embezzlement of corporate funds and the progress of the relevant criminal case, etc., 1 C, in collusion with G, shall be from December 24, 2008 to December 26, 2008, from the F’s account under the pretext of the shareholder’s dividend.

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