주식반환 등
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff’s account opening and deposit of securities (1) on March 26, 2004, the Plaintiff is the Defendant Company (hereinafter “Defendant Company”) in total before and after the alteration of the name of the Defendant on March 26, 2004.
(F) in the General Account(F) and the General Account(G, E, or E, hereinafter referred to as the “instant account”).
(2) On March 30, 2004, the Plaintiff deposited 1,710,625 common shares of D Co., Ltd. (hereinafter “D”) to the instant account.
B. On January 7, 2013, B, a driver of the Plaintiff’s transfer of shares, attached the Plaintiff’s seal, which was stolen to H, an employee of the Defendant Company, in the name of the Plaintiff’s company, and presented it along with the securities card, to the Plaintiff’s seal attached to the Plaintiff’s application for stock delivery prepared under the Plaintiff’s name, and transferred 50,000 shares of the Plaintiff’s 50,000 shares deposited to the instant account by means of inputting the password at the password entry time.
(hereinafter “instant transfer of stocks”). (c)
A criminal judgment B against the Plaintiff on June 20, 2013, on which the Seoul Southern District Court stolens securities cards and seals of the instant account owned by the Plaintiff.
As stated in paragraph (1), the defendant company's employee H by deceiving the defendant company's employee H and acquired property profits by transferring 500,000 common shares owned by the plaintiff to the Samsung Securities account in its own name, etc., the defendant was sentenced to 7 years of imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), theft, fabrication of private documents, and uttering of the above investigation documents. The above judgment became final
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 2 and 14 (Evidence with Serial Nos. 2 and 14) and the purport of the whole pleadings
2. Judgment on the main claim
A. The Plaintiff’s assertion by the parties is an unentitled person who does not have the right to receive shares.