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(영문) 서울고등법원 2019.11.21 2016나2076559 (1)
부당이득금
Text

1. Of the judgment of the court of first instance, Defendant Bankrupt Co., Ltd., which is equivalent to the following payments order:

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation established for the purpose of housing construction business, rental housing business, civil engineering construction business, etc. 2) The Plaintiff is the Plaintiff’s representative director (the president) and the largest shareholder, and the Plaintiff’s related party, who held the entire equity as of April 23, 2009.

H was the executor of the business of building and selling multi-family housing, welfare facilities, etc. (hereinafter “instant Sdong business”) in Seo-gu, Seo-gu, Gwangju (hereinafter “instant Sdong site”), and the Plaintiff was the contractor of the instant Sdong business.

3) Defendant B Co., Ltd. (former trade name is K, Inc., and hereinafter “Defendant B”).

(1) Defendant C Co., Ltd. (formerly, U.S. and L., hereinafter “Defendant C”)

(ii) N Co., Ltd. ( its trade name was changed to V;

hereinafter referred to as “N”

(E) Co., Ltd. (formerly, W & M Co., Ltd.; hereinafter “E”)

) F Co., Ltd. (formerly, X and P Co., Ltd.; hereinafter “F”)

(B) G Co., Ltd. (former trade name is P, hereinafter referred to as “G”).

) The project financing (hereinafter referred to as “PF”) with respect to the instant Sdong project is called the project financing (hereinafter referred to as “PF”).

(4) On July 1, 2013, E was declared bankrupt on June 15, 2015 by the Seoul Central District Court 2013Hahap89, F as the Gwangju District Court 2015Hahap5003, and G as the Ulsan District Court 2012Hahap4, respectively, on June 21, 2012, and all the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.

(2) The bankruptcy trustee of the Defendant Bankrupt, the bankruptcy trustee of the Defendant Bankrupt, the bankruptcy trustee of the Defendant Bankrupt, the Korea Deposit Insurance Corporation of the Defendant Bankrupt, the bankruptcy trustee of the Defendant F, and the Korea Deposit Insurance Corporation of the Defendant Bankrupt, the bankruptcy trustee of the Defendant Bankrupt, the Defendant G, the bankruptcy trustee of the Defendant Bankrupt.

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