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(영문) 서울고등법원 2016.04.08 2015나2041228
부당이득금
Text

1. The part of the judgment of the court of first instance against Defendant D shall be revoked;

The plaintiffs' primary and conjunctive measures against the defendant D.

Reasons

1. Basic facts

A. Defendant C Co., Ltd (former trade name is Co., Ltd. E; hereinafter “Defendant Co., Ltd”) was established on May 6, 201 for the purpose of operating a postnatal care center.

The representative director of the Defendant Company is Defendant D since its establishment to the date of its establishment.

D was dismissed on May 4, 2012, but the Seoul Central District Court 2012Kahap40948 declared the absence of the above dismissal resolution and restored the status of the representative director.

Plaintiff

B, Defendant D and Nonparty F, G, H, I, J, and K entered into an investment agreement on June 6, 201 with the following content:

(hereinafter referred to as the “instant investment agreement”): D: The borrowed amount of KRW 200 million: KRW 200 million: The borrowed amount of KRW 200 million: J: the borrowed amount of KRW 200 million: KRW 100 million: The borrowed amount of KRW 200 million: KRW 200 million: the borrowed amount of KRW 300 million: the above eight (8) on June 6, 2011, the Defendant Company borrowed the costs to be used for the establishment of a new business and the interior, the following, and the installation of all other facilities.

Pursuant to the above amount, each borrower shall be determined by the ratio of the shareholders of the defendant company to the total amount after the loan is made and after the payment of the expenses to the defendant company is completed.

Subsequent operation, distribution of profits, etc. from shares shares, etc. shall be jointly concluded, and all liabilities for the business shall be based on the shares ratio.

The change or cancellation of the above borrowed amount can be changed or cancelled under the agreement of eight persons, and the civil and criminal liability shall be borne when the damage occurs due to the change in the borrowed amount after the time of the contract.

C. Although the Plaintiffs planned to invest the total amount of KRW 400 million in the Defendant Company, the Plaintiffs concluded the instant investment agreement with the name of Plaintiff B on the part of the amount of KRW 300 million, and thereafter deposited KRW 300 million in the deposit account in the name of each Defendant Company from June 4, 2011 to November 25, 201.

Shareholders on the register of shareholders prepared by the defendant company.

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