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(영문) 서울중앙지방법원 2013.08.29 2013가합497

손해배상금

Text

1. The Defendants are 218,00,000 won to each Plaintiff and 5% per annum from August 31, 2011 to August 29, 2013.

Reasons

1. The following facts are either a dispute between the parties or a dispute between the parties, or the defendant C Co., Ltd. (hereinafter referred to as the "Defendant C") affixed on a sales contract of each share, each power of delegation, and a certificate of stock custody:

) The fact that the seal imprint of Defendant C was based on Defendant C’s seal imprint design does not conflict between the parties, and thus, the authenticity of each document is presumed to have been established. To reverse the above presumption, there is no evidence supporting the assertion of Defendant B and the Defendant joining the Defendant that each document was forged by a third party while there is a responsibility to prove that the person who asserted other facts of objection was responsible for the reversal of the above presumption, and that each document was forged by a third party), evidence Nos. 3, 5, 6, and 12-1 through 13-2 may be acknowledged by taking into account the overall purport of the pleadings.

On February 20, 2009, Defendant B assumed office as an inside director and a representative director of Defendant C (the trade name was F Co., Ltd. at the time, and the trade name was changed as of September 2, 2010). Defendant C added bonds and securities trading business to the target business on August 25, 2010.

B. Defendant B, as the representative director of Defendant C, recruited investors to the effect that Defendant C would make an investment in the shares paid in kind (the shares paid by the company in lieu of cash) and distribute high profits. On April 201, the Plaintiff attended the project explanation meeting and recommended that Defendant B would make an investment in the shares paid in kind as well as to pay high profits every month.

C. In the event that Defendant B purchased shares of the Jin Savings Bank Co., Ltd. (hereinafter “ Jin Savings Bank”), etc. with the Plaintiff’s investment deposit, he shall prepare a sales contract of shares and a proxy and a written confirmation of stock custody (hereinafter collectively referred to as “the sales contract of the instant shares”) with the following contents in the name of Defendant C six times.