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(영문) 서울중앙지방법원 2020.09.16 2019가단34426
부당이득반환 청구의 소
Text

1. The Defendant: 34,878,830 won to Plaintiff A Co., Ltd.; 13,000,000 won to Plaintiff B; and each of the above amounts, as to September 2, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff B and the Defendant were legally married, and they were divorced on July 21, 2016. 2) The Plaintiff Company A (hereinafter “Plaintiff Company”) was a representative director from the time of its establishment to February 17, 2017, and the Defendant served as the auditor of the Plaintiff Company by February 12, 2015, while serving as the head of the U.S. branch office of the Plaintiff Company established around 2008.

B. On June 15, 2012, the Defendant entered into a contract for share transfer and takeover and payment of purchase price under the name of the Defendant (hereinafter “D”).

(2) On June 15, 2012, the Plaintiffs respectively remitted KRW 70,000,000 to the account under the name of D for the payment of purchase price of shares under the said share transfer contract (hereinafter “stock purchase price”) to F, which is the representative director of E and in-house directors, and KRW 500,000,000, total amount of KRW 13,000,000,000, respectively.

3) On July 13, 2013, the Defendant assumed office as a director of D’s intra-corporate director. (c) The Defendant and D agreed to cancel the said share transfer and takeover contract. D returned USD 5,00,000 to the Defendant on June 19, 2013, and USD 10,000 to the account in the name of the U.S. branch office of the Plaintiff Company (Account Number G) on August 22, 2013.

2) On November 27, 2013, the Defendant and D agreed to pay the unpaid benefits to the Defendant amounting to KRW 5,480,340, and KRW 66,788,292. The sum of KRW 72,268,632, up to November 27, 2013, KRW 10,000,000 until December 31, 2013, and KRW 20,000,000,000 until January 31, 2014, and KRW 22,268,632 until February 28, 2014, the Defendant and D agreed to refund the unpaid benefits to the Defendant in installments to the Plaintiff Company by November 27, 2013, as above, KRW 30,00,00,000, and KRW 2268,632,00 until December 28, 2014. D, pursuant to the agreement, was returned to the agreement.

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