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(영문) 의정부지방법원고양지원 2017.05.26 2016가단90673
부당이득금
Text

1. The Defendant’s KRW 34,040,000 and its weight shall be the Plaintiff:

(a) 16,00,000 won from January 30, 2008:

(b) 2,500.

Reasons

1. Basic facts

A. The defendant served as a director from January 2, 2001 to September 2, 2009.

B. On January 29, 2008, the Defendant prepared a certificate of employee rent of KRW 16,000,000 from the Plaintiff and received payment from the Plaintiff’s account to C without setting the due date and interest. On the same day, the Defendant received payment from the Plaintiff’s account to KRW 16,00,000.

C. On April 30, 2008, the Defendant prepared a certificate of employee rent of KRW 2,500,000 from the Plaintiff and received payment from the Plaintiff’s account to the Defendant’s account on the same day.

On September 29, 2008, the defendant prepared a certificate of employee rent of KRW 10,000,000 from the plaintiff to the defendant's account without setting the due date and interest. On the same day, the defendant was paid from the plaintiff's account to the defendant's account.

E. On December 18, 2008, the Defendant arbitrarily remitted KRW 5,540,000 from the account under the name of the representative D of the Plaintiff, who was managing the Plaintiff’s money, to the Defendant’s account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition as to the cause of the claim, each monetary loan agreement dated January 29, 2008, April 30, 2008, and September 29, 2008, respectively constitutes a self-transaction requiring the approval of the board of directors under Article 398 of the Commercial Act, since the defendant, a director of the plaintiff, borrowed each of the above amounts from the plaintiff, and thus, constitutes a self-transaction requiring the approval of the board of directors under Article 398 of the Commercial Act, unless there is any evidence to prove that the defendant prepared each of the above amounts of employee loans with the approval of the board of directors at the time of the above monetary loan agreement, and received money from the plaintiff's account, etc. without the approval of the board of directors, and the defendant received money from the plaintiff's account, etc. at his own discretion without the approval of the board of directors, and since it is well known that there was no legal interest

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