손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. D A. On April 3, 2010, died on April 3, 2010, there is the Plaintiff, F, and G, a spouse, who is a lineal descendant.
B. At the time of death, D was registered as a shareholder on the shareholder registry for 27,141 common shares of H Co., Ltd. (hereinafter “H”) (hereinafter “instant shares”).
C. On November 15, 2010, the Defendants changed the name of the shareholder on the shareholder registry to the Korea Securities Depository as to 8,679 shares out of the instant shares, and changed the name of the shareholder on November 18, 2010 as to 17,419 shares out of the instant shares to Defendant B.
The Defendants shared inheritance tax of KRW 1,141,734,680 on the instant shares.
E. D was the president of H, and Defendant C was the regular director of H, and Defendant C was the denial by Defendant C.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 8, Eul evidence No. 2, the purport of the whole pleadings
2. The parties' assertion
A. The Defendants committed a tort to dispose of 26,798 shares out of the instant shares in the name of D, which constitutes the Plaintiff’s inherited property (=8,679 shares 17,419 shares) without permission.
Therefore, the Defendants are liable to pay to each Plaintiff for damages the amount of KRW 466,864,222 (=26,098 x Plaintiff’s share of inheritance 2/9 x Plaintiff’s share of inheritance 80,500 x Defendant’s closing price of April 2, 2010 x 80,50 x 183,222,961 x Plaintiff’s share of inheritance tax paid by the Defendants (i.e., KRW 1,141,734,680 x Plaintiff’s share of inheritance 2/9) and delay damages therefrom.
B. Defendant C, the president of H, managed the Fund of I by acquiring shares in the name of himself or other executives and employees using the Fund of I. The shares of this case are substantially owned by I under title trust with D.
3. Determination
A. A person registered as a shareholder in the register of shareholders is presumed to be a shareholder of that company, and in order to reverse this, the person bears the burden of proving his/her shareholder rights.