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(영문) 부산지방법원동부지원 2019.01.22 2017가단8304
부당이득금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 41,030,000 and the interest rate from June 22, 2018 to the day of full payment.

Reasons

1. Indication of claim;

A. The F Co., Ltd. related to the parties (hereinafter “F”) is the manufacturing and design company of vessel equipment and materials, G is the representative director of the above company, and D, E, and the Defendant is the shareholders of the above company and the former and current directors and auditors.

On October 5, 2016, the Plaintiff was appointed as the representative director of the non-party company, and was dismissed on October 24, 2016.

B. Upon receipt of a proposal from G to the representative director, the Plaintiff paid KRW 5 million in total, including KRW 5 million on August 26, 2016 and KRW 5 million on September 25, 2016.

C. On October 4, 2016, the Plaintiff: (a) received 2,250 shares of the Plaintiff’s holding from D to 22,50,000 won; and (b) remitted total of KRW 41,030,000 to the account of the Nonparty Company.

The representative director, however, dismissed the representative director, and D prepared a false written resolution with E and the defendant and dismissed the plaintiff from the representative director on October 24, 2016.

E. 2. Grounds: service by public notice (Article 208(3)3, Article 194 of the Civil Procedure Act)

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