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(영문) 대전지방법원 천안지원 2018.02.09 2017가합101969
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 29, 2013, the Defendant invested KRW 1 billion in the business (hereinafter “instant business”) such as the construction of a commercial building (hereinafter “instant building”) in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) between the Plaintiffs and the Plaintiffs, and as a result, transferred 40% of the shares of the Plaintiff Co., Ltd. (hereinafter “Plaintiff”) to the Plaintiff Company A (hereinafter “Plaintiff”) and agreed to be appointed as a director of the Plaintiff Company (hereinafter “instant investment agreement”), and thereafter, paid KRW 1 billion to the Plaintiffs.

B. On April 21, 2014, the Defendant prepared and delivered to E the power of attorney (Evidence A2, hereinafter “instant power of attorney”) stating the following:

The above-mentioned person (E) shall be designated as the defendant's representative, and the recovery of claims and the securing of claims with respect to the principal invested in the plaintiff company and the plaintiff B shall be made in the name of the delegating person: Provided, That if the right to vote and disposal of the shares of the plaintiff company is transferred and the collection of claims is not possible, legal litigation issues shall be delegated to E if the right to vote and disposal of the shares of the plaintiff company is not possible. The period of this power of attorney shall be until the collection of claims is due.

C. On September 1, 2014, E prepared the “final Agreement on D Business” (No. 7, hereinafter “the instant agreement”) with the Plaintiffs as follows, and the Defendant did not attend at the time of the preparation of the instant agreement.

Investor (A):

1. E,

2. Defendant or business operator (B):

1. The Plaintiff Company;

2. Plaintiff B (1) simultaneously with the registration of preservation following the completion of the first construction, and as a result, Plaintiff B (A) made a loan from a financial institution, the amount of one billion won out of the loan shall be paid to Party B.

(2) Eul shall not exceed 3.5 million won among the payments of FF, Gart and rental deposit, which is a tenant of a commercial building on the first floor, at the same time.

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