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(영문) 서울중앙지방법원 2014.10.21 2013나55538
부당이득금
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. (1) From November 2006, the Defendant, a specialized construction-supervising firm, negotiated with F for the purpose of acquiring the total supervision records of E Co., Ltd. (hereinafter “E”) from around November 2006, to purchase the total supervision records of E Co., Ltd. (hereinafter “E”), to purchase the total supervision records of E in KRW 2.1 billion between E and E on March 2007, but if the Defendant and E set the payment period of remainder (5% of the purchase price) as “one year after the registration of merger”, it appears that at this time there had been an agreement on merger between the Defendant and E.

After an accounting firm's review and consultation, an agreement was made to conclude this contract (hereinafter referred to as "transfer agreement of the supervision performance of this case").

(2) After that, the Defendant and E were to receive supervision results by means of a merger, while the instant supervision performance agreement was divided into an “electric supervision business transfer agreement” and “stock transfer agreement” and concluded.

Accordingly, on June 7, 2007, E entered into an electrical supervision agreement with the Defendant on the transfer of all rights and obligations of the E to KRW 860,000,000,000 for the purchase price. The shareholders of E, on June 12, 2007, owned the shares of KRW 250,000 in total E 2.56% (3.36%), K Co., Ltd. (21.44%; hereinafter “K”), corporate association S (2.6%; hereinafter “S”), I (20%) Plaintiff (2.6%), and Plaintiff D (20%). Since the Defendant demanded that the number of shareholders should be reduced for the convenience of concluding the contract, Plaintiff D and the representative director transferred shares of each of the E to the Defendant on June 12, 2007, the transferor transferred them to the Defendant, 41.36% (23%) and 36% (14.3%).

K’s shareholders are F, T, and I, and the shareholders of F, T, and the Plaintiffs are the shareholders of F, T, and the Plaintiffs. The share transfer contract (hereinafter “instant share transfer contract”) with the content that the shares are transferred in KRW 1.268 billion.

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