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(영문) 서울중앙지방법원 2020.05.12 2018가단5270022
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. Facts of recognition;

A. The Defendant Company is operating a golf course in Gyeongdong-gun E, and the “priority shareholder” was recruited for the purpose of raising operating funds, etc., and the preferred shareholder paid KRW 1 million (200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

Article 6 [Management of Shareholder Recruitment Business] (1) The F shall act for the defendant company in accordance with the intended terms and conditions of the contract(s).

(2) The F shall designate and deliver a observer to the defendant company.

(3) The duties of managing membership fees and returning money received in relation to termination of a contract shall be performed by the defendant company, and the F shall not all the acts under this paragraph.

(4) Since all proceeds from solicitation are recognized only as the amount deposited into the designated bank account of the defendant company, it is not recognized in any other case.

Article 7 (Fees for Solicitation of Shareholders) The fees for solicitation to be paid by the defendant company to F in this contract shall be determined as follows:

(2) The agency fee shall be five percent of the amount of each solicitation.

Article 8 [Prohibited Matters] (1) No F may enter into a voluntary contract or receive subscription money or down payment without approval of the defendant company.

(3) Where it is deemed necessary to use the agent or employee of the defendant company or any similar position for smooth solicitation in performing shareholder recruitment services, F shall obtain prior approval in consultation with the defendant company.

Article 13 (Simplification of Register for Shareholders Recruitment) All the counter for the recruitment of shareholders during the contract period shall be unified into F, and it shall be recognized as the old account F recruited by the executives and employees of the defendant company.

(t) except that preferential repayment shall be made by the Defendant Company as the contract price and the subcontractor company.

B. Defendant Company: (a) on July 26, 2016.

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