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(영문) 서울고등법원 2016.06.17 2015나2061406
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned are corporations with the purpose of a concrete mixture wholesale and retail business, and E representative director is the Intervenor’s Intervenor’s Intervenor (hereinafter “ Intervenor”) holding 40% of the Plaintiff’s shares as the Plaintiff’s auditor on March 25, 2010, who was retired on March 31, 2013 (However, the retirement registration was completed on December 19, 2013), and the Defendant and the appointed parties are the Intervenor’s children.

B. Around July 1999, E and F established the Plaintiff and took over the building and site of the G Co., Ltd. in its name in the auction procedure. For this purpose, around January 2001, they borrowed KRW 400,000,000 from the Intervenor who was employed as a tax official as of January 2001.

(The amount of the above loan was later converted to the amount of investment made to the plaintiff)

1. Four persons, including Gap (E), Eul (E), Byung (F), Byung (H, and the participant's dos do not seem to have lent only the names to the intervenors), shall always cooperate with each other by combining the spirit and intent of the company with the intent of being forgotten at all times at the time of the payment of the auction price for the factory acquired by the company in operating the same business;

Ⅲ. Agreement on equity;

1. A’s shares are 40% for shares, 27% for shares for E, 20% for C’s shares, and 13% for justice.

2. The Company’s capital shall be one billion won, and the aggregate amount of KRW 600 million ( KRW 400 million per person, KRW 200 million per person) shall be converted to the amount of investment among net asset value of KRW 651,757,104 as stated in the attached Table on the list of assets and liabilities, and the amount of KRW 266,50,000 as the amount of investment; the definition amount of KRW 133,50,000 as the amount of investment; and the amount of shares of KRW 133,50,000 as the amount of investment; and any change in the shares within the unique scope of each person’s own shares may be arbitrarily changed.

IV. Operation of Company

2. General matters concerning the operation of the company shall be the acquisition of the post-determination of B, and shall exceed one million won per transaction among matters concerning the acquisition of assets and the disbursement of expenses.

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