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(영문) 서울남부지방법원 2016.04.01 2015가합104306 (1)

주식정산금 반환 등

Text

1. Defendant C:

A. As to KRW 36,076,312 and KRW 19,985,43 among them, Plaintiff A shall be paid for KRW 36,076,312 from July 11, 2012, KRW 16,090,879.

Reasons

1. Determination as to Plaintiff A’s claim

A. On May 4, 2010, Plaintiff A delegated the purchase of shares of Han Island Co., Ltd. to Defendant C, and remitted the purchase price of KRW 14,70,00 to the purchase price. Defendant C, after purchasing shares of Han Island Co., Ltd. with the said money, disposed of KRW 20,215,500, and then agreed to pay KRW 19,985,433 of the settlement amount calculated by subtracting KRW 230,067 from the said sale price to Plaintiff A on July 10, 2012, either the dispute between Plaintiff and the Defendant C, or the overall purport of arguments as set forth in subparagraphs 1, 2-1, and 2-2, barring any special circumstance, Defendant C is obligated to pay to the Plaintiff KRW 19,985,433 and delay damages.

As to this, Defendant C alleged that the Plaintiff paid KRW 4 million out of the sales amount of the above shares. However, it is not sufficient to acknowledge only the statement in subparagraph 3, and there is no other evidence to acknowledge it. Thus, Defendant C’s assertion is without merit.

B. As to the claim for the payment of the credit card, Defendant C is liable to pay the Plaintiff A with the credit card amount equivalent to KRW 14,850,00,00 with the credit card under the Plaintiff’s name on April 18, 2013. The fact that the sum of the principal and the interest on the credit card amount used by Defendant C is 16,090,879, without dispute between the Plaintiff and the Defendant C, or that it can be recognized by taking into account the overall purport of the pleadings as a whole. Thus, Defendant C is liable to pay the Plaintiff A with the amount of KRW 16,090,879, and delay damages.

Plaintiff

A, Defendant D is a joint borrower with Defendant C and used the credit card as it lent from the Plaintiff. As such, Defendant D is jointly and severally liable with Defendant C to pay the above credit card price.