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(영문) 서울중앙지방법원 2017.10.17 2015가단5326283
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 27, 2008, the Plaintiff (a franchise execution 1) (a clan trade name is C Co., Ltd., and a clan trade name was changed on October 27, 2008.

) The Gangnam-gu Seoul Metropolitan Government D Building (hereinafter “instant building”) is a company running real estate leasing business, etc.

E is the owner of the Plaintiff’s major shareholder, who served as the representative director of the Plaintiff until October 12, 201, and F is an infant of E, who was appointed as the Plaintiff’s director on October 12, 2002, and was appointed as the Plaintiff’s representative director on September 22, 2012. (2) E and G do not pay inheritance tax and gift tax normally on September 2008, and donate the Plaintiff’s building owned to E’s children without paying gift tax. In order to donate the Plaintiff’s building owned by the Plaintiff to E’s children, the Plaintiff’s building owned by the Plaintiff was secured by the bank as well as KRW 30 million,000,000 from the Chinese steel company located in Hong Kong, and the Plaintiff’s shares were to be recovered under the name of KRW 4,400,000,000,000 from the above money for investment losses, and the remaining shares were to be acquired from the Plaintiff’s investment-invested company’s shares to the Plaintiff’s investment-invested company without the Plaintiff’s shares.

(3) On September 12, 2008, E transferred the Plaintiff’s funds of USD 340,000 ( approximately KRW 380,000 at the exchange rate at that time) that he/she had kept in his/her business under the pretext of expenses and fees for the establishment of the franchise in Hong Kong. On October 21, 2008, E received a loan of KRW 30,000,000 in the name of the Plaintiff from the new bank, a stock company as security of the Plaintiff’s building in this case, under the name of the Plaintiff.

G shall be dated 208.

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