(영문) 울산지방법원 2018.05.17 2016가합1232

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(영문) 울산지방법원 2018.05.17 2016가합1232

합의금

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1. Defendant D’s KRW 30,000,000 as well as 5% per annum from September 30, 2006 to July 6, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. From 1999, Defendant D (E) worked as a representative director of Defendant C (hereinafter referred to as “F company”) from the inspector of Defendant Incorporated Foundation C (hereinafter referred to as “Defendant C”), and Defendant B was employed as a general director of Defendant C.

B. Around 2000, Defendant C and F agreed that the FF will sell FF company sites, etc. and pay F company’s obligations with the proceeds of sale.

As a result, the following agreements (Evidence A; hereinafter “instant agreement”) were made between the Plaintiff and Defendant D with respect to the sale of F company sites, etc. on July 1, 2004 between the Plaintiff and Defendant D, which supported the Plaintiff’s expense.

A: Ulsan Metropolitan City G Foundation CF History E Nr. B, a Jung-gu, Ulsan Metropolitan City:

1. In the sale of F company, “B” shall subsidize all the expenses incurred in the consultation with “A”.

2. The payment method shall be made after receipt of the loan certificate from the bank account that “A” wants, or the total amount of cash payment.

(The official seal of the applicant shall be limited to the F official seal used at the time of agreement)

3. The total expenses incurred after sale shall be claimed by applying the interest rate of commercial banks.

4. The maximum expenditure of expenses shall not exceed one year and six months, and may be extended by six months at the time of consultation;

5. The repayment of the amount disbursed shall be a maximum of two years after the implementation of the agreement, and shall take legal measures on the basis of this agreement after two years.

C. Thereafter, from August 2004 to August 2006, the Plaintiff spent a total of KRW 330,000,000 by either giving cash to Defendant D or allowing the use of credit cards in the Plaintiff’s name.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, 5, 8, 9, 10, 11, Eul evidence Nos. 1, 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim for the return of the agreed amount and unjust enrichment against Defendant C

A. The plaintiff's assertion 1 Defendant D is the defendant C's assertion.

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