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(영문) 서울서부지방법원 2019.07.25 2018가합35479
부당이득금
Text

1. The Defendant’s KRW 19,659 as well as the Plaintiff’s annual rate of 5% from December 19, 2018 to July 25, 2019, and the following.

Reasons

1. Basic facts

A. C Stock Investment Refund Agreement (1) On August 26, 2012, the Defendant acquired KRW 200 million from E’s shares of KRW 240 million upon the Plaintiff’s recommendation, which was the representative director of C Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “C”).

(2) However, the Defendant anticipated that C’s failure to pay back the investment amount would make it difficult to recover the investment amount, demanding the Plaintiff to return KRW 240 million.

Accordingly, on December 22, 2012, G entered into an agreement with the Defendant to pay KRW 240 million to the Defendant a share transfer (or a share transaction) of KRW 200 million with the acquisition price of KRW 200 million for C shares on two occasions on December 22, 2012, and January 22, 2013, the Plaintiff entered into an agreement with the Defendant to pay KRW 240 million with the acquisition price of KRW 20 million for C shares.

(3) On January 22, 2013, the Plaintiff and the Defendant entered into a contract for the establishment of security by way of transfer with the purport that the Plaintiff is responsible for paying KRW 240 million for C’s shares, and the Plaintiff would provide G shares to the Defendant as security by means of transfer. The main contents of the contract are as follows.

The defendant and the plaintiff promise to assume the responsibility for the amount equivalent to KRW 240,000,000 in connection with C's acquisition of shares, and they enter into a contract to establish a security interest in G shares in relation to the claim amounting to KRW 240,000,000.

Article 2 (Confirmation of Claims)

1. As to the share acquisition amount of KRW 240 million that the Defendant paid to E with respect to the share acquisition agreement entered into between the Defendant and E, the Plaintiff should pay the Defendant the said KRW 240 million to the Defendant who suffered substantial damage due to the said share acquisition agreement by February 28, 2013.

2. Where the Plaintiff completes the payment of the above KRW 200 million to the Defendant within the above period, the Plaintiff may be transferred the status as the transferee of C shares 2000.

Article 3 [Security for Transfer of Stocks]

2. The plaintiff is owned by the plaintiff immediately after the conclusion of this contract.

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