logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.04.03 2019나38417
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B, while Defendant C, KRW 60,000,00, Defendant C, KRW 50,000.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff Company was established on January 10, 2014 for the purpose of music production, music record production, music, and music distribution business. 2) Defendant D is a person who actually operated the Plaintiff Company from the time of its establishment to the end of 2015, and Defendant B is an accounting employee of Defendant D and Defendant C is a company’s accounting employee operated by Defendant D.

B. Defendant D, on behalf of the Plaintiff, entered into a fund investment contract with E on January 17, 2014, and, based on the said fund investment contract, Defendant D received a total of KRW 300,000,000 from E to the Plaintiff’s account in the name of the Plaintiff on January 21, 2014, KRW 90,500,000,000 on January 21, 2014, KRW 50,000,000 on January 22, 2014, and KRW 65,000,000 on January 29, 2014.

C. The Plaintiff Company issued new shares and increased capital as follows after attracting funds of KRW 300 million. In other words, on January 22, 2014, the Plaintiff Company decided to issue 30,000 per share (one share) by a resolution of the general meeting of shareholders on January 22, 2014, and treated 10,000 per share to F and Defendant B and each of the subscription was completed. ② A resolution was adopted to issue new shares of KRW 17,00 (one share) by a resolution of the general meeting of shareholders on January 28, 2014 to F to issue new shares of KRW 16,00 per share and KRW 10,00 per share and KRW 10,00 per share and KRW 1,00 per share, and each of the above shares was disposed of with KRW 300,000 per share and KRW 300,000 per share and KRW 300,000 per share.

At the time of issuance of each of the above new shares, the "new shares subscription form" in the name of the defendant B, C, etc. was prepared, and each share price was paid.

arrow