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(영문) 인천지방법원부천지원 2017.10.25 2016가합102664
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff Company is a company established for the purpose of manufacturing business, etc. of kitchen and bathing room goods (such as a water filling room, bathing room, sprinker, etc.) and the Defendant Company is a company established for the purpose of manufacturing and selling Meaks.

B. On February 20, 2014, C, the representative of the Plaintiff Company established the Defendant Company with his/her ancillary D as one shareholder and representative director, and thereafter operated the Plaintiff Company as well as the Defendant Company as the Defendant Company.

C. 1) The agreement to transfer the management rights of the Defendant Company by transferring the entire issuance of the Defendant Company’s shares owned by E and C to E on January 16, 2015 (hereinafter “instant agreement”).

2) The key contents of the instant agreement are as follows.

E shall be paid KRW 100 million on January 16, 2015, and shall be paid the remainder of KRW 100 million upon completion of the settlement of accounts in 2014.

E shall pay C a monthly wage of KRW 3 million in the amount received for the next five years.

E shall subsidize funds necessary for C's business activities.

(Defendant Company) E shall pay C the card and automobile maintenance cost.

Upon completion of the settlement of accounts in 2014, bill guarantees of KRW 200 million shall be issued and offered as security in the forest trade.

(5 years for the Plaintiff) E shall pay 1,350,000 won of C’s community credit cooperatives, Han Bank, and F interest until the principal is repaid.

(2) E will replace the current level of C motor vehicles after two years.

C will contribute to managing customers and increasing sales by making best efforts to prevent any problem in the operation of E companies in the future.

C does not establish the same type of business as the defendant company in the future, and it is not related to the defendant company other than the defendant company business.

C makes E personnel personnel management and secure business capabilities to customers.

3 At the time of the conclusion of the instant agreement, C shall have the obligation to purchase the Defendant Company’s sales claim amounting to KRW 330,015,867, and the obligation to purchase the Plaintiff Company and the Defendant Company, as of January 7, 2015, as of January 7, 2015.

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