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(영문) 서울중앙지방법원 2016.09.23 2015가합20945
부당이득금반환 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On March 20, 2014, the Plaintiff, having its head office in Gwangju North-gu C, filed an application for corporate rehabilitation with the Gwangju District Court 2014 combined11 for the same year.

5.2. The rehabilitation procedure commenced, but the procedure was abolished on December 5 of the same year, and is now closed.

B. On March 23, 2012, Defendant (D) who is a foreign national Korean with the U.S. nationality, is appointed to the Plaintiff’s outside director and audit committee members and for the same year.

4.6. The registration was made.

C. Meanwhile, on December 13, 1983, “E” (hereinafter “E”) owned 100% of the Plaintiff’s shares as a stock company incorporated under the laws of the State of California of the United States of California as “F and SNA FE SPRINGS CA 90670 (“E”) at his domicile.

Pursuant to Article 181(2) of the Commercial Act, the Plaintiff registered that a LA branch (U.S. California, California, Luxembourg) was established on September 1, 1988 in the said head office.

E. On October 24, 2013, the Plaintiff decided to sell the building owned by the Plaintiff in the U.S. used as a company building by E, and the representative H of E reported to the Plaintiff’s executive officer on October 24, 2013 that the contract for the sale of the building was completed, and deemed that the sale price was expected to be transferred to the head office (the Plaintiff) immediately upon deposit.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 6-2, 3, 5, 28-1, 2-2, Eul evidence 3-1, 3-2, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion was established as a U.S. local corporation for the convenience of business activities in the U.S., but E is merely merely an overseas business of the plaintiff and is a single legal entity.

The defendant was in the position of actual management and supervision of E as the plaintiff's outside director and audit committee member as the largest shareholder of I.

However, the Defendant, among the E-style sales proceeds, shall do so by means of accounting, etc. as if the construction cost was paid to the J (hereinafter “J”) which is a company in the U.S. owned by himself.

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