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(영문) 서울고등법원 2018.06.20 2017나2067927
부당이득금
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing and wholesale business of kitchen and bathing room goods (such as water charging equipment, bathing equipment, sprinker, etc.) and wholesale and retail business. The Defendant is a company that established C, a representative director of the Plaintiff, as one shareholder and representative director of C on February 20, 2014 for the purpose of manufacturing and sales business of the c’s funeral room for the purpose of separating the manufacturing parts from the Plaintiff, and allowing C, a representative director of the Plaintiff, to take charge of the manufacturing parts, and the Defendant actually operated both the Plaintiff and the Defendant.

E shall be paid KRW 100 million on January 16, 2015, and shall be paid the remainder of KRW 100 million upon completion of the settlement of accounts in 2014.

E shall pay C a monthly wage of KRW 3 million in the amount received for the next five years.

E shall subsidize funds necessary for C's business activities.

(Defendant) E will pay cards and automobile maintenance costs to C.

Upon completion of the settlement of accounts in 2014, bill guarantees of KRW 200 million shall be issued and offered as security in the forest trade.

(5 years) E shall pay 1350,000 won of C’s community credit cooperatives, Han Bank, and F interest until the principal is repaid.

(2) E shall be replaced (on the present level) with C’s motor vehicle after two years, and the machinery list taken over is a machine with no collateral security and is same as the attachment list.

C will contribute to managing customers and increasing sales by making best efforts to prevent any problem in the operation of E companies in the future.

C does not establish the same type of business as the defendant in the future and does not relate to the company other than the defendant's business.

C makes E personnel personnel management and secure business capabilities to customers.

In the future, E will implement the terms and conditions of the agreement in the name of D when a credit problem occurs to the individual in the future.

If the terms of the above agreement are not faithfully fulfilled, it is confirmed that the sale of shares and the agreement are null and void.

B. B. On January 16, 2015, C entered into an agreement with E to transfer the Defendant’s right of management by selling all the Defendant’s shares owned by C to E (hereinafter “instant agreement”).

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