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(영문) 서울고등법원 2015.07.17 2014나49755
부당이득금반환 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

With respect to this case, this court's use is identical to the entry of the reasons for the judgment of the first instance except for the dismissal, addition, and deletion of each corresponding part as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 4 of the decision of the first instance court, the term "this case" in Part 17 shall be read as "issuance C acquired by the defendant, etc.".

From 6th to 7th to 7th to 6th to 6th to 7th to 7th to see the following.

A. The plaintiff's assertion 1) The defendant is obligated to donate all of the shares of this case to the plaintiff according to the shareholder agreement of this case concluded on November 25, 2009.

2) Even if the agreement was explicitly rescinded between the shareholders of the instant case, the Defendant agreed to return the entire shares of the instant case to the Plaintiff free of charge at the time of concluding the instant transfer contract with E on September 15, 2010. (3) Nevertheless, the Defendant disposed of at will the Plaintiff’s shares 51,673 shares issued in lieu of the instant shares. As such, ① KRW 182,688,916, which is the amount equivalent to the disposal price of the instant shares, was the Defendant’s gains acquired without any legal cause, and is liable to return them to the Plaintiff, or ② to compensate the Plaintiff for damages equivalent to KRW 182,68,916, which the Plaintiff suffered due to the nonperformance of the obligation to donate shares or the obligation to return shares

B. The summary of the Defendant’s assertion 1) The instant shareholder agreement concluded between the Defendant and the Plaintiff on September 15, 2010 by concluding a contract by which the Defendant comprehensively takes over the business of the F&A from E, thereby cancelling the agreement. 2) The Defendant did not have agreed to gratuitously return the entire shares of the instant case to the Plaintiff at the time of taking over the pertinent private teaching institute business from E on September 15, 2010.

Part 10 of the decision of the first instance court, "614,867 shares" in Part 4 of the decision of the first instance shall be "614,837 shares".

The plaintiff, in the first instance court's 10th page 12, "may be seen", is the actual party to the contract of the transfer of the business of this case.

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