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(영문) 서울중앙지방법원 2016.05.19 2014가합554632
부당이득금
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 20% per annum from April 25, 2014 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On October 2013, the Plaintiff’s husband C (Korean name D) came to know F and director G through E, and around November 201, 2013, the Plaintiff’s husband C came to know that the sales amount of “2013 H performance” planned by the Defendant (hereinafter “2013 public performance”) exceeds one billion won.

In addition, C had considered the settlement report of the performance in 2013 delivered by F and G to E, and the settlement report was written in the settlement report of the performance in 2013 as KRW 934,421,030.

B. However, in fact, F and G knew that the actual sales revenue of the performance in 2013 was only KRW 669,908,240,000, but it was sent to E a settlement report stating false sales revenue. The Plaintiff believed the settlement report that it became known through E and made an investment in H performance in 2014 (hereinafter “public performance in 2014”).

C. On December 5, 2013, the Plaintiff entered into an investment agreement with the Defendant, KFSN (hereinafter “KSN”), E, I, and limited liability companies, with respect to the performance in 2014, on which the said agreement provides that the amount of KRW 50 million (50 million), the Plaintiff, the Defendant, the E, E, I, and E, I, and E, Foreign Investment, shall be an investment of KRW 1.7 billion in total, as follows.

In the process of performing H performances (hereinafter referred to as “public performance”) by the KBS (hereinafter referred to as the “A”) and J (referring to the plaintiffs, defendants, E, I, and E-I, the representative of which is four persons; hereinafter referred to as “B,” the representative of which is five persons; hereinafter referred to as “B”) a contract shall be concluded as follows:

Article 3 (Opening of Performance and Production) Section 4 (Investment Funds A and B) of Article 4 (Separate) of the 2014-22-2014-2/2014-2/2014-2/2,000-2/2000-2000-2000,000,000

1. A shall invest the amount of KRW 500,000 (5) in order to raise the costs of performance-related performance, and B.

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