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(영문) 수원지방법원성남지원 2014.12.23 2014가단206616

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's ground of claim

A. Upon the Defendant’s recommendation, the Plaintiff: (a) 7,00 shares 77,00 shares of the company (hereinafter “instant company”) on July 8, 2008; (b) KRW 1100,000 per share; and (c) 1,300,000,000 of the total purchase price per share;

I. The transferor is the defendant's appearance C and the transferee are the plaintiff.

hereinafter referred to as “instant 1 contract”

(2) On July 17, 2008, the Plaintiff deposited KRW 70 million on the same day with C’s account, KRW 30 million on the same day, KRW 30 million on July 17, 2008, and KRW 100,000 on July 20, 208. On August 15, 2008, the Plaintiff confirmed that the instant company’s shares are traded from KRW 400 to KRW 100 per share, and requested the Defendant to cancel the purchase contract and refund the purchase price. The Defendant stated that “The Defendant is believed to believe that the price per share is calculated as KRW 80,00 and paid the instant company’s shares additionally as the difference.” Accordingly, the Plaintiff calculated the price per share of the instant company’s shares as KRW 800 per share on September 2, 2008 and added KRW 45,500 per share by the transferee (the transferee and transferee).

hereinafter referred to as “instant second contract”

) The Defendant returned 2.5 million won (=3,215 shares x 800 won) to the Plaintiff (i.e., 77,00 shares initially purchased by the Plaintiff) (i.e., 800 won per share), the number of the Plaintiff’s shares should be 125,125 shares.

However, since the Plaintiff acquired 122,00 shares in total pursuant to the contract Nos. 1 and 2 of this case, the Defendant paid 3,215 shares, which is the difference.

The defendant mentioned that around September 20, 2008, the plaintiff suffered a large quantity of shares by predicting D and D around September 20, 2008, and D will purchase a large quantity of shares by predicting that the company of this case will be listed.

However, D did not own all the shares of the company of this case, and the defendant knew that around August 2008, F, the representative director of the company of this case, could not list the shares of this case, and therefore, it is practically nonexistent.