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(영문) 서울동부지방법원 2017.11.30 2017가합100329
부당이득금
Text

1. Of the instant counterclaim, the part of the claim for return of KRW 300 million shall be dismissed.

2. The plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Plaintiff, along with C and D, operated a mutual wa referred to as “F” on the nineth floor of Songpa-gu Seoul building E ( regardless of any subsequent change in trade name).

The Plaintiff held 37%’s equity in the instant crowdfunding business, and D had 28% equity in the partnership business, and the remainder of the partnership business was held by C, but C was declared bankrupt on April 28, 2014.

Accordingly, on August 3, 2015, the Plaintiff and D found a new partner, and entered into a contract for the transfer and acquisition of shares (hereinafter “instant contract for the transfer of shares”) with the Defendant and D to the effect that the Plaintiff and D transfer 14% (Plaintiff 8%, D6%) out of the Plaintiff and D’s shares in the said trading business and two commercial buildings within the trading hole to the Defendant, and the Defendant would pay KRW 400 million to D as the acquisition price.

The Defendant paid KRW 400 million to the Plaintiff and D pursuant to the aforementioned share transfer contract (hereinafter referred to as “investment”) and participated in the instant securities transaction business as a partner from August 12, 2015 and was in fact in charge of the management of the said securities transaction business.

Article 2 (Purpose) The objective of this Arrangement is to provide for the basic rights and obligations of the Defendant, the Plaintiff, and D in carrying out the business of this case and smoothly carry out the business on the basis of mutual trust and good faith.

Article 3 (Joint Business Method) In order to achieve the objectives of the instantwealve business, the Defendant, and the Plaintiff shall share and cooperate with each other as follows:

(1) For the Project, a new corporation shall be established and used under the agreement between the Plaintiff and the Defendant.

(2) The representative of a corporation under paragraph (1) shall be a defendant.

5. The operation of the crowdfunding business in this case and the raising of necessary expenses shall be raised at the same ratio of the Plaintiff, Defendant, and D.

7. The sales accrued from the instant Holdings are covered by the expenses incurred in the instant Holdings business, and the Plaintiff, the Defendant, and the Defendant existing.

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