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(영문) 서울서부지방법원 2018.07.26 2018가합32647
부당이득금등
Text

1. The Defendant’s KRW 605,900,000 as well as 5% per annum from March 29, 2018 to July 26, 2018 to the Plaintiff.

Reasons

Basic Facts

The plaintiff (the plaintiff corporation E) is a company established on September 19, 2007 for the purpose of business such as sales of tourism souvenirs exclusively for foreigners, such as status and status of the parties, C, the defendant, and D's partnership contracts.

C, Defendant, and D entered into a partnership agreement on October 31, 2008 concerning the Plaintiff’s shares, management, etc. including the following contents:

Partnership Business Agreement

1. Three persons, including C (hereinafter referred to as “A” in the same contract) and B (hereinafter referred to as “B” in the same contract) and D (hereinafter referred to as “disease” in the same contract) shall agree to jointly invest at the rate of 40% in the Note E (hereinafter referred to as “company”) and at the rate of 20% in the same contract, and shares shall refer to all the rights and obligations relating to the project.

2. A shall have the power to external business activities, and B shall pay to the Company a total of KRW 200 million (or KRW 150 million shall be invested in common shares and the remainder of KRW 50 million shall be lent in the form of a company’s ordinary loan), support the business management sector, and C shall be in charge of the business of the promotion sector.

Since then, the Defendant transferred 40% of the Plaintiff’s shares to F, one’s father, and around that time, from around 2015 to around 10,000 shares issued by the Plaintiff, the Defendant held 4,000 shares (40%) for C, 4,000 shares (40%) for F, and 2,000 shares (20%) for D.

The defendant was appointed on October 31, 2008 by the plaintiff's auditor, but retired on March 24, 201, and F was appointed on March 24, 201 by the plaintiff's auditor but resigned on September 19, 2013. The defendant was appointed on September 19, 201 as the plaintiff's internal director.

C, F, D’s stock acquisition agreement with C, F, and D on June 1, 2015, concluded a stock acquisition agreement with G Co., Ltd. (hereinafter “G”) to sell the total number of 10,000 shares issued by the Plaintiff at KRW 2 billion and to transfer management rights.

(hereinafter “instant acquisition agreement”). G is the purchase price stipulated in the instant acquisition agreement on July 31, 2015.

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