logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.09.17 2018가단137733
부당이득금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant registered the E business.

B. (1) As to the conversion of E into a legal entity, a share trade agreement between the plaintiffs and the defendant is prepared, and a statement of performance is prepared in the name of the defendant.

The part in the name of the defendant in the Sheet equity trade contract and the letter of performance, which was the de facto spouse of the defendant, was prepared by the non-party F on behalf of the defendant.

Fidelity, however, the defendant's seal impression issued on May 17, 2016 and the defendant's seal impression on the share operating business contract and the letter of performance are different.

C. E discontinued on October 31, 2018.

[Evidence A] Evidence Nos. 1 through 4, 7, 8

2. Judgment on the plaintiffs' assertion

A. The plaintiffs asserted that the defendant is a de facto spouse, and was a de facto spouse, who is a bad credit holder F and E, and operated a de facto sales business.

F made an investment of KRW 100 million to the plaintiffs, the F would convert E into a corporate entity, allocate 25% of their shares, and distribute dividends. The plaintiffs invested as follows, but currently E is in a closed condition.

- Deposit of KRW 23 million with the Defendant’s Bank G account on May 14, 2016 (Plaintiff B’s KRW 20 million / Plaintiff A’s KRW 3 million) on May 14, 2016 that F receives from the Plaintiff 7 million from the Plaintiff on May 14, 2016 - around May 2016, KRW 15 million for Plaintiff B to F.

B. - On May 31, 2016, Plaintiff B deposited the said account in lieu of KRW 30 million for Plaintiff B, and on June 15, 2016, Plaintiff B deposited the said account with KRW 10 million. - On July 8, 2016, Plaintiff B deposited the said account with KRW 15 million. Accordingly, Plaintiff B’s friendly H was first deposited with the said account, and it is evident that the Plaintiffs’ investment is the principal security-based investment, and the Defendant had no intent to convert into a corporate entity, and thus, the investment agreement is terminated and the Defendant claims the return of the investment amount.

Preliminaryly, the defendant deceivings the plaintiffs with F along with the money invested, thereby claiming compensation for the amount equivalent to the amount of investment.

or the defendant shall have F act on behalf of E in its business.

arrow