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(영문) 대구지방법원 2019.01.09 2018가단105054
부당이득금
Text

1. Defendant C’s KRW 100,000,000 per annum for the Plaintiff and 5% per annum from June 24, 2017 to January 9, 2019.

Reasons

Basic Facts

On November 2015, while operating a printing company in the name of “B”, the Plaintiff entered into a provisional contract with Defendant C to transfer the printing company’s business (hereinafter the above printing company’s business, “instant transfer agreement”, and “instant transfer agreement”), and entered into a provisional contract with the following contents:

1. Conversion from B to B;

2. Conversion from a corporation to a corporation;

3. Proceeds from sale of a corporation shall be the value of mechanical appraisal; and

4. To lease B to the real estate of a species A;

5.The present Agreement on the basis of good faith.

A seller: On December 21, 2015, Defendant C paid KRW 50 million to the Plaintiff the down payment under the instant transfer agreement, and around December 30, 2015, Defendant C established Defendant B Co., Ltd (hereinafter “Defendant B”).

On January 1, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease deposit amount of KRW 100 million, monthly rent of KRW 4 million, and the lease period from January 1, 2016 to December 31, 2017, with the term of lease of KRW 531.3 square meters (hereinafter “instant land and buildings”) with the office, which is the Plaintiff and E-owned building, and the total store size of KRW 669 square meters.

Defendant B received KRW 150 million from Defendant C on February 29, 2016, and paid KRW 100 million out of the said money to the Plaintiff as the lease deposit under the instant lease agreement.

The Plaintiff transferred assets, etc. related to the instant business to the Defendants in accordance with the instant transfer agreement and lease agreement as follows.

The Plaintiff transferred the instant land and buildings, machinery, office fixtures, etc. listed in the separate sheet No. 1 (hereinafter “instant machinery, etc.”) and 6,561,229 won to the Defendants following the conclusion of the instant transfer agreement and the instant lease agreement (hereinafter “instant land, etc.”).

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