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(영문) 서울고등법원 2014.08.28 2013나2027648
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. It consists of E Group A, H, I, J, K and K, and other affiliates.

The major shareholders and management of A Co., Ltd. (hereinafter referred to as “A”) which is a substantial holding company of A (hereinafter referred to as “A”) establish a special purpose corporation for real estate implementation projects (SPC; hereinafter referred to as “SPC”) beyond simple loans from around 2001 to supplement insolvency arising after IMF, and PF PF PF lending to SPC, i.e., real estate development-related projects, means loans that are provided with future cash flow (CASHFLW) as the main source for repayment of the principal and interest accruing from the relevant projects by evaluating the feasibility of specific projects related to real estate development and evaluating the feasibility of such projects, i.e., real estate development-related projects, under the premise of real estate development during the loan.

The real estate implementation business is directly engaged in the real estate through the loan, and there is a structure in which A's major shareholders and management may directly establish and manage SPC in G (hereinafter "G") by requesting the establishment of SPC, and through the borrowed-name shareholders and executive officers, the management of SPC, thereby controlling the business profits. And A had A's employees perform the loan business and SPC management business for real estate implementation business conducted solely or jointly by A, and have A keep and manage the corporate identification of SPC and loan passbook.

As above, with respect to the following shareholders and executive officers of SPC mobilized by major shareholders, management, or G, KRW 1 million through KRW 2 million was paid as monthly salary out of the loans of A.

B. A shall request the establishment of SPC in G to directly conduct real estate implementation business through the lending of PPC to SPC, and shall be existing around January 2005.

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