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. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion was to receive 30% of the investment principal of the shares of Defendant B (the “Defendant Company E,” regardless of whether it was before or after the change of the trade name; hereinafter “Defendant Company E”) from Nonparty D, and 30% of its profits.
Defendant C, the representative director of the Defendant Company, received physical convertible bonds upon the exercise of D’s convertible right on December 27, 2012. Therefore, the Defendants filed an application with the Korea Securities Depository for the entry of stocks into D’s securities account, but did not perform this.
Accordingly, D could not carry out the investment agreement with the Plaintiff because D did not acquire the status as a shareholder.
Therefore, pursuant to Article 750 of the Civil Act or Articles 389(3) and 210 of the Commercial Act, Defendant C is liable for joint tort to the Plaintiff pursuant to Articles 389(3) and 210 of the Commercial Act, and the Defendant C is liable to compensate the Plaintiff for damages equivalent to 200 million won of the invested principal and the amount of profit that would have been accrued if shares were sold.
B. Even according to the Plaintiff’s assertion, a person who directly damages due to Defendant C’s tort shall be deemed as a shareholder D, and only the Plaintiff is a creditor of D.
However, if a third party’s act constitutes a tort as it infringes on a claim, it may be recognized that the third party, despite being aware of the fact that it harms a creditor, infringed on an obligee’s interests by either violating laws or regulations, or violating good morals and other social order. In such a case, whether such an act is illegal or not shall be determined individually by taking into account the content of the claim infringed, the mode of the infringement, the intent of the infringer, and the existence of the year or year, and the need to guarantee freedom of transaction, public interest including economic and social policy factors, and the balance of interests between the parties.