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(영문) 의정부지방법원 2018.09.21 2017가단110120
부당이득금반환등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B owned 5,000 shares (5,000 shares per share) issued D Co., Ltd. and owned 5,000 shares under the name of Defendant C, which was 100 shares, and operated E Co., Ltd and F.

(F) Co., Ltd. D is the E Co., Ltd. and F.

On December 28, 2016, the Plaintiff acquired 5,000 shares issued by E company from Defendant B in total of KRW 25,000 per share of KRW 5,000 per share (hereinafter “instant primary contract”) and paid KRW 25,000,000 for the same day to Defendant B.

C. On February 9, 2017, the Plaintiff acquired 2,000 shares issued by E Company E from Defendant C in total at KRW 10,000 per share (hereinafter “instant additional contract”) and paid KRW 10,000,000 for the acquisition price of KRW 10,000 per share to Defendant C on the same day.

At the time of the instant additional contract, H, who was a G employee traded by Defendant B, acquired the remainder of 3,000 shares of the E company from Defendant B.

E. On December 28, 2016, the date of the instant first contract, the Plaintiff deposited KRW 160,000,000 with the bank account in the name of the E company, separate from KRW 25,00,000,000.

On December 29, 2016, the following day, Defendant B transferred the above KRW 160,000,000 to the new bank account under the name of E company, and then transferred the same to the new bank account in the name of F on the same day.

F. As of December 31, 2015, the credit purchase amount of the E company as of December 31, 2015 was KRW 172,00,000,000, and KRW 20,756,778, but the base credit purchase amount was reduced to KRW 2,00,000 on December 31, 2016, and the provisional credit purchase amount increased to KRW 176,134,004.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4 through 10, 23, Eul evidence 3, witness H's testimony and the purport of whole pleadings

2. Determination:

A. The summary of the parties' arguments 1) At the time of the conclusion of each contract of this case, E company was fully locked and Korea Min Il Corporation.

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