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(영문) 부산고등법원 2017.12.14 2017나53586
부당이득금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for admitting the judgment of the court of first instance are as follows. The reasons for admitting the judgment of the court of first instance are as follows. The reasons for admitting the judgment are as stated in the reasons for the judgment of the court of first instance, except for the Plaintiff’s determination of adding or emphasizing the part added by this court.

Of the grounds for the judgment of the first instance court

1. Paragraph (c) of this Article provides that “The sale, etc. of D Shares owned by the Defendant shall be done in the following manner:

(C) On April 18, 201, the Plaintiff agreed from the Defendants on April 18, 201 to set up and purchase KRW 15,300,00 (51%) totaling KRW 9,300,00 of Defendant B’s D shares, and KRW 6,000,00 of Defendant C’s D shares as KRW 1.6 billion (30,000,000), but such agreement appears to be erroneous due to an error.

(2) On May 3, 2011, the Defendants received KRW 1.1 billion from the United States I (U.S.J. hereinafter “J”) to their bank accounts.

3) The Defendants were transferred KRW 1.1 billion from J as above and resigned from D’s representative director and auditor. After that, J was appointed as representative director, and K, a partner of J, as auditor, respectively. 4) On the other hand, on June 15, 201, the Plaintiff drafted a letter of agreement (No. 8) stating that the Plaintiff shall transfer all rights related to D 10% and D worth KRW 10750,000,000,000.

5) Subsequent to July 15, 2011, the Plaintiff borrowed KRW 500 million from the Defendants on June 30, 201, at the rate of 12% per annum (30% per annum of delay damage). D and J jointly and severally guarantee the above loan obligation, a notary public who jointly and severally guaranteed the obligation is the notarial deed of obligation repayment contract No. 1065, 201 (hereinafter “notarial deed 1”).

2) G was written and <2> on June 30, 2012, G was 12% per annum on June 30, 2012 and 12% per annum on June 30, 2012 on the same day (the rate of delay damages shall be 30% per annum, and D and J are the same as the joint and several surety obligation of the above borrowed amount.

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