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(영문) 대전고등법원 2015.07.10 2013나12615
부당이득금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff has been practically operating from the date of a personal business entity prior to the formation of the Plaintiff Company ( March 31, 2005) with the aim of the electric equipment and appliances and the electric lighting wholesale retail business (hereinafter “Plaintiff Company”).

B. As long as Defendant B was registered as a director of the Plaintiff Company between January 16, 2008 and January 16, 201, Defendant B had purchased lighting fixtures materials from the Plaintiff Company while running (i) electric construction business since before January 16, 2008).

From October 9, 2003 to September 9, 2011, Defendant C was in charge of supervision over goods supply contracts, tax invoices, etc. and the accounting and agency operation of the Plaintiff Company. Defendant D handled the accounting and accounting affairs of the Plaintiff Company from August 14, 2006 to August 13, 2011.

[Ground of recognition] Unsatisfy, Gap evidence 3, 4-1, Eul evidence 2, Eul evidence 15

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) Defendant B and D transferred 50% of the shares of Defendant B acquired jointly with the Plaintiff on September 27, 2006 to the Plaintiff, and acquired or embezzled KRW 670,310,422, totaling KRW 367,950,661, and KRW 367,950,661, and KRW 367,310,422, which are the difference between the market value of its investment in comparison with the market value, etc.

(2) From June 30, 208 to July 14, 2011, Defendant B acquired or embezzled total KRW 171,727,630,00 from the Plaintiff’s account on March 9, 2009 by arbitrarily withdrawing KRW 30,000 from the Plaintiff’s account, by means of making false sales while trading with the Plaintiff company from June 30, 2008 to July 14, 201.

(3) From January 2, 2006 to April 7, 2006, Defendant B acquired 70,528,210 won in the balance of sales generated from transactions with the Plaintiff Company as an item of “E subsidy”, “totalH construction cost”, and “transfer”, or acquired 70,528,210 won in an unjust manner.

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