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(영문) 수원지방법원 2015.11.05 2014가합65727
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant, while serving in Samsung Electronic Co., Ltd. (hereinafter “T&M”), intended to separately establish a corporation and develop integrated circuits used in the mobile phone display display panel on the mobile phone screen, with the Plaintiff, C, etc., who worked as a researcher at the semiconductor project department of Samsung Electronic Co., Ltd. (hereinafter “T&E”).

B. Around December 1999, the Defendant established D Co., Ltd. (after this, E, F, G, and H were mutually changed in succession with each other; hereinafter “the instant Korean Company”) and established I Co., Ltd. (IC; hereinafter “the instant U.S. Company”) in the U.S. around 200.

C. In around 2000, the Plaintiff retired Samsung Electronic from office and became a member of the instant Korean company.

The total number of shares issued at the time of the establishment of the instant Korean Company was 10,000, among which the Defendant held approximately 80% shares, four promoters, such as the JJ, etc. of approximately 20% shares.

E. After the Defendant retired from Samsung Electronic, the Defendant transferred the shares of the instant Korean company to the Plaintiff and other technicians who entered the instant Korean company, and transferred 250 shares of the instant Korean company to the Plaintiff, and 200 shares of the instant Korean company to C.

However, the Defendant did not transfer the shares of the instant Korean company that were transferred as above to the Plaintiff and C, and held them in the name of the Defendant.

After that, the entire shares issued by the Korean Company of this case were transferred in the name of J.

F. Thereafter, the instant Korean company issued 10,000 U.S. dollars 500,000 U.S. dollars (hereinafter “US”) to each of the instant Korean companies, upon receiving investment of USD 500,000 from J and Taiwan-East Co., Ltd. (hereinafter “Ampocar”), and issuing 1,250 U.S. shares of each of the instant Korean companies in J and P and Pample P.

G. The instant U.S. Company was invested in USD 1 million from J and ample-, ample-, ample-, and so forth.

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