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(영문) 수원지방법원 2017.12.06 2016가합81099
부당이득금
Text

1. The defendant shall provide the plaintiff with the money stated in the attached Table 1 and the "amount paid" column of attached Table 1.

Reasons

1. Basic facts

A. On December 28, 2007, the Plaintiff, as the representative director of the Plaintiff Company B (hereinafter “B”), held 94,640 shares in B’s 195,710 shares and held 48.3% of the total shares issued. On February 20, 2007, the Plaintiff acquired the convertible preferential interest shares issued by B as listed in the table below, and B, by holding a board of directors on February 20, 2008, resolved to convert the above convertible interest shares 35,710 shares that the Plaintiff acquired by transfer to 280,598 shares of common shares.

After converting the number of stocks to be acquired by transferor, the acquisition value per common share of 7,142 - 99,880,000,00 17,817 National Pension Service 05-5,428-5,99,920,920,000 140,817,817,817, 717, 817, 99,99,960,000 - 140,817,817, 7, 817, 142 - 999,80,80,80,817, 140,817, 140,80, 140,000, 147, 140,000, 147, 817, 817, 840, 97, 197, 197, 807, 497,207,940

B. On January 25, 2008, on February 25, 2008, the Plaintiff transferred B issued shares to E (E (E; hereinafter referred to as “the transferee of the instant shares”) that was registered as a director on the corporate register by the Plaintiff as a director on February 25, 2008, as listed below.

C on January 25, 2008, 5,884 46,239,760,000 (140,000 won per share) D on January 25, 2008, 208, 5,091 40,000 712,740,000 (140,000 won per share) E on February 25, 2008, 44,0604,060 4,0604,004,0004,000,207,400 (140,790 won per share) per share) aggregate of the 130,536,740,7400 won per share (hereinafter “instant shares”).

C. The Plaintiff’s transfer value of the instant shares is KRW 5,536,707,40; acquisition value is KRW 1,756,80,000; necessary expenses are KRW 27,683,530; and tax base is KRW 3,752,223,870.

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