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(영문) 서울서부지방법원 2020.06.04 2019가단240929
부당이득금
Text

1. The defendant shall pay 76,00,000 won to the plaintiff and 12% per annum from September 27, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. From around 2007, the Plaintiff was close to maintaining a relationship with the Defendant, etc.

On September 30, 2010, the Plaintiff lent KRW 10 million to the Defendant by means of remitting KRW 10 million to the Defendant’s account in the name of the Defendant, which is the Defendant’s seat, to the Defendant.

B. On December 14, 2012, the Plaintiff established E (E) with the Defendant and D on December 14, 2012, and acquired 13,200 shares out of total issued stocks. The Defendant acquired 13,60 shares and D 13,200 shares, and the Defendant operated E.

C. On June 15, 2015, the Defendant entered into a contract with F to acquire or transfer shares and management rights to transfer E’s management rights at KRW 120 million per share, and KRW 500 million per share, with F on the same day. In addition, the Defendant entered into a contract to transfer shares and management rights to F on the same day by calculating KRW 13,600 per share of E’s owned by the Defendant to KRW 50 million, and the Defendant proposed that the Plaintiff transfer shares owned by the Plaintiff to F even on the same day, and that the Defendant would transfer the shares owned by the Plaintiff to F on the same day by calculating KRW 13,200 per share to KRW 66,00 per share.

F The above shares and management rights transfer agreement entered into with the defendant and D are Article 2(b).

On June 30, 2015 and July 6, 2015, the share price was transferred to the Defendant’s account as the transfer price for the shares held by the Plaintiff, Defendant, and D according to the claim (the statement that the share price is deposited into the Defendant’s account designated by the transferor upon the consent of the transferor).

E. In around 2018, the Plaintiff filed a lawsuit against the Defendant, etc. on multiple occasions (Seoul Western District Court 2018Gahap37215, hereinafter “prior lawsuit”). The prior lawsuit included a claim against F for payment of KRW 66 million of the share transfer price.

prior.

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