logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.27 2017가합535076
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Since its incorporation on January 26, 2006, the Plaintiff, a company engaged in financial brokerage business, financial consulting business, etc., is currently serving as the representative director, and the network B (Death on April 30, 2017; hereinafter “the deceased”) was serving as the Plaintiff’s outside director from December 22, 2011 to December 22, 2014 while operating the EA.

Before his dismissal on December 14, 2015, the Deceased was one of two representative directors of F Co., Ltd. (hereinafter “Nonindicted Company”) who is engaged in the business of investing in non-performing loans, etc., and after December 14, 2015, D, the representative director of the Plaintiff, was employed solely as the representative director of the non-party company.

B. The Plaintiff deposited each money recorded in the deceased’s account “after tax deduction” on each day indicated in the “payment date” column of the [Attachment 1 brokerage commission sheet.

C. A X, the representative director of the Plaintiff and the Plaintiff Company G (hereinafter “G”), is in office as an internal director.

A. On each day indicated in the “payment Date” column of the attached Table 2 relating to the non-performing Loan Profit Distribution Agreement, each money entered in the deceased’s account in the column of “amount after tax deduction.”

With respect to each real estate listed in the table relating to the right to collateral security, the Plaintiff is the sum of the maximum debt amount of each right to collateral security, where each stated in the column for “the maximum debt amount” has been set up several maximum debt amounts with respect to each real estate listed in the table relating to collateral security 1 through 5.

While each of the secured claims was held by the deceased, the secured claims of each of the above secured claims was transferred to the deceased on each day indicated in the column of “transfer date of claims”, and each of the above secured claims was transferred to the deceased on the same day.

Since then, each of the above real estate was subject to the auction procedure, and each of the dividends indicated in the column of "amount of dividends" was paid to the deceased.

The amount of distribution (won) on the date of assignment of the maximum debt amount of real estate (cost) 1,00,000 U.S. I building J, 201.

arrow