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(영문) 서울중앙지방법원 2017.03.24 2015가합549118
부당이득금
Text

1. The Defendant received 384,480 shares (ordinary shares) issued by the Defendant from the Plaintiff and simultaneously received 1,50,000 shares from the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a company running screen golf installation, manufacturing, wholesale retail, selling business, etc. of related equipment, and the brand name of the Defendant’s screen golf-related products is “C”, and D is a person who operated a company with the trade name of “Elimited construction” and “Flimited construction business” and intended to run a screen golf business in China.

B. On October 26, 2010, the Plaintiff, the Defendant, and D-1: (a) drafted a “Agreement on the Supply of Goods” with the purport that the E- LLC (Representative D) and the E-LLC will become a general market for the distribution and sale of the Defendant’s screen golf products; (b) the Defendant decided to incorporate D into the F Limited Corporation, the president, and the Foreign Limited Corporation on December 14, 201; and (c) drafted a “Agreement on March 16, 2012, with the Defendant’s share of capital to be paid by the F Limited Corporation instead of the F Limited Corporation.”

3) Meanwhile, around October 2012, the Plaintiff: (a) jointly established a company that sells the golf equipment, other than screen golf, with the Plaintiff’s share of 51%, and D’s share of 49%; (b) established a G golf company that produces and sells screen golf, with the Plaintiff’s share of 60%, and D’s share of 40%; (c) created a company in the name of H, with the company in the name of H, with the Plaintiff’s share of 49% and 51%; and (d) acquired the Plaintiff’s share of 51% (D25% and Plaintiff 26% under the name of H company; and (e) agreed that the Defendant’s board of directors would sell ownership of the C’s program to H1 billion won in the name of H company. However, such agreement was not concluded.

C. The Plaintiff prepared each of the investment contract on November 15, 2012, February 19, 2013, and software license agreement around that time for the screen golf business in the Defendant and China, and a notary public on July 24, 2013 as to each of the above documents.

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