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(영문) 수원지방법원성남지원 2015.07.07 2014가합205771
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (former E Co., Ltd.) is a company established on July 26, 2002 by Defendant B and F for the purpose of logistics industry and logistics warehousing leasing business, etc. with joint investment of 500 million won each by Defendant B and F.

B. At the time of the above establishment, 20,000 of the total number of the Plaintiff’s issued shares was owned by Defendant B, who is a partner of Defendant B, and 30,000, Defendant C, who is the wife of Defendant B, and 50,000, respectively.

In addition, the plaintiff's actual decision-making was made by defendant B and F.

C. From March 21, 2007 to June 21, 2009, Defendant B served as the Plaintiff’s director or internal director, and from June 22, 2009, Defendant B was dismissed on May 8, 2012.

From July 26, 2002, Defendant C was discharged on May 8, 2012 from office as the Plaintiff’s director or internal director, and Defendant D was employed as the Plaintiff’s director, representative director, or joint representative director since July 26, 2002, and is currently the Plaintiff’s internal director.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 4 and 9, Eul evidence No. 16-2, Eul evidence No. 18-3, 6, and 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts as follows as the ground for the claim of this case.

Defendant B wired KRW 23,422,00 from January 1, 2011 to January 9, 2012 to the above Defendant’s account as bonus and provisional payment for the representative director without a resolution of the general meeting of shareholders or the board of directors, while he/she is in office as the representative director. ② From April 25, 2007 to June 21, 2009, Defendant B remitted KRW 121,50,000 from the Plaintiff’s account to the above Defendant’s account as salary, and ③ from August 25, 2002 to June 21, 2009, G was registered as a director in the Plaintiff’s corporate register, and was in office as G director in the absence of a fact that he/she was in office as a director.

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