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(영문) 수원지방법원성남지원 2015.10.21 2014가단219537
부당이득금 반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On August 13, 2013, the Plaintiff prepared a letter of commitment and payment with the content that the Plaintiff would acquire all shares and authority of the Defendant and C (hereinafter “instant company”) with respect to the Defendant and C (hereinafter “instant company”) in total amount of KRW 450 million, and paid KRW 100 million to the Defendant on the same day.

After that, on November 5, 2013, the Plaintiff agreed with the Defendant to invalidate the performance of the above agreement and the letter of payment.

Therefore, the defendant should return to the plaintiff KRW 100,000 received according to the above agreement performance and the statement of payment, and the legal interest thereon.

B. The Plaintiff agreed with the Defendant to nullify all of the forms of transactions or transactions and to waive the rights pertaining thereto, as well as the obligation and obligation based on the implementation of the above agreement and the statement of payment related to KRW 100 million with the Defendant, as well as the obligation and obligation based on the share price and the receipts thereof with respect to the instant company, and the obligation and obligation based on mutual money transaction or share transaction (share transfer and takeover contract). Thus, the Plaintiff

2. In full view of the following facts and circumstances (Evidence A through B, Nos. 1 through 5, the purport of the entire pleadings, and the purport of the whole pleadings), the process of the establishment and operation of the company of this case and the involvement of the parties, the process of payment of KRW 100 million, namely, the process of execution of the above agreement and the process of preparation and invalidation of the statement of payment, the process of sale of the company of this case and the details of the resolution of the board of directors, the degree of involvement of the parties to this case and the circumstances of the institution of the lawsuit of this case, etc., it is reasonable to deem that the plaintiff waived his rights pursuant to an agreement or transaction between the company of this case and the shareholders, including the defendant, in relation to the company of this case and the company of this case, and provided the defendant with the return of KRW 10

Ultimately, the plaintiff's assertion is without merit.

1) The instant company is the lead of the Defendant around July 2012 (the share 40,000 shares).

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