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(영문) 인천지방법원 2017.06.28 2015가단32966
약정금반환등
Text

1. Defendant (Counterclaim Plaintiff) B Co., Ltd.: (a) KRW 50,00,000 and its amount from June 19, 2015 to June 28, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant Company is a corporation whose main business is a multimond cut tool of KRW 200,000,000 in total capital, and the Defendant C is the representative director and the major shareholder of the Defendant Company, and the Plaintiff D, E, and F was also filing the instant lawsuit against the said D, E, and F, and withdrawn the lawsuit. The Defendant Company is the shareholder of each of the Defendant Company.

B. On March 7, 2014, the Plaintiff deposited KRW 50,000,000 in each of the above accounts with Defendant C at Defendant C’s request.

C. On March 31, 2014, the Plaintiff retired from office on February 23, 2015 after being registered as an internal director of the Defendant Company.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, and 3 (including virtual number)

2. Determination on the main claim

A. Determination 1 on the claim of KRW 50,000,000 is based on the following grounds: (a) The plaintiff asserts that the plaintiff's summary of the plaintiff's claim is the cause of selective claim for the claim for the return of agreed amount or the claim for damages due to illegal acts arising from the rescission of the contract due to nonperformance; (b) the plaintiff increased the amount of KRW 50,000,000 in capital to the defendant company, thereby acquiring the shareholder's qualification and having agreed to participate in the management of the above company; and accordingly, the plaintiff deposited KRW 50,00,000 in the defendant company; and (c) the defendant company did not issue shares without increase in capital and did not perform its obligation because the plaintiff was unable to acquire the shareholder's status; (d) the defendant company should cancel the above agreement by delivery of a duplicate of the complaint of this case and return the amount of KRW 50,000,000 to its original state.

B) The Defendant Company inflicted damages equivalent to KRW 50,000,000 on the Plaintiff due to such unlawful act. The Defendant C, the representative director of the Defendant Company, should pay the Plaintiff the above KRW 50,00,000 for tort liability jointly and severally with the Defendant Company pursuant to Articles 389(3) and 210 of the Commercial Act.

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