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(영문) 서울고등법원 2016.09.02 2016나2012197
부당이득금
Text

1. Paragraphs 1 and 2 of the decision of the first instance, including the plaintiffs' claims extended in the trial, are as follows.

Reasons

1. Basic facts

A. 1) The Defendant changed the name of Hart Co., Ltd. (No. 1, 2012) into Hart Co., Ltd. (No. 1, 2012).

The following shall be referred to as “Haat”:

D) 2,000 shares out of the Hart shares held D (referred to as the “instant shares” below) held by D around March 2003, when serving as the principal or subsidiary member of the branch office.

(B) The shares were purchased in KRW 20,000,000, but at D’s request, the title trust management of the shares of this case was made to D with withholding the entry of change of holders of the shares of this case. (2) On the other hand, around March 2003, the value per share of the shares issued by Hart was KRW 10,000, the total number of outstanding shares was KRW 1,364,713, but around April 2004, the total number of outstanding shares was divided into KRW 5,00, and KRW 2,729,426.

(3) On April 2005, Hart was merged by and merged with EEP partners (AEP), a Hong Kong private equity fund. During that process, Hart shares were sold publicly at KRW 340,00 per share, and the price of shares was paid to shareholders registered in the Hart’s register at that time. Accordingly, D, on April 6, 2005, as well as the shares held in its name including the shares in this case, 6,120,000,000 won (i.e., KRW 18,000 x 300,000,000 x 300,000,000 won x 30,000 shares sales price of the shares (i.e., 18,000 won x 340,000 won x 00,000 shares sales price of the shares x 300,505,000 shares sales price of the shares in this case).

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