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(영문) 서울남부지방법원 2019.08.30 2018가단213129
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 7, 2012, the Plaintiff Company F and nine floors (G buildings) in Gangnam-gu, Seoul on December 30, 2013, the location of its head office is relocated to P and Q. On December 30, 2013 (the representative: H actual operator C, and the resignation registration was completed on November 19, 2012: Company I Co., Ltd., Ltd.) was operated by the internal director C, and the order of dissolution was issued by the court on June 17, 2017, and the creditor K was designated as the liquidator on November 2, 2012, the change of the head office of the above G building to the head office of Guro-gu, P and Q., Seoul on December 30, 2013 (the representative: the head office of H actual operator C; the head office of the company was changed to the head office of the Guro-gu, Seoul on November 14, 2014; and the head office of the company was changed to the head office of the 3rd on June 14, 10.

3) Around May 18, 2011, the location of the headquarters E was changed from the 2nd floor of the Gangnam-gu Seoul Metropolitan Government Tbuilding to the 11st floor of the said G building. Around July 3, 2013, the Seoul Gangnam-gu U and V (W building) was changed to the U, Gangnam-gu Seoul around July 3, 201. (At that time, the representative director is ND’s department;

hereinafter referred to as “E”

(4) On June 14, 2010, D and C were practically operated as a company established by B and B for the purpose of developing web programs and developing and selling software, etc., but was dissolved by the court’s dispersion order on July 9, 2015. 4) After the incorporation of the Plaintiff Company and the Defendant Company, D substantially operated E and the Defendant Company, and C, as its representative, operated the Plaintiff Company.

B. (1) E on April 7, 2011, the details of the lease of the G building and the details of the payment and return of the deposit for lease of the building. (hereinafter “O”)

(B) From this perspective, the 11th floor of the said G building was leased in the rent of KRW 30 million (3.3 million monthly rent) and operated in the rent of KRW 3.3 million.

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