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(영문) 수원지방법원 2017.01.12 2015가합67607

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 6, 2012, the Plaintiff leased KRW 60 million to the Deceased Company D (hereinafter “D”) at the end of December 2012 and interest rate of KRW 10,000 as the part of the Plaintiff’s participation in capital increase for capital increase. ② By the end of December 2012, the Deceased sold real estate (E apartment) located in the deceased’s spouse and repaid KRW 60,000,000. ③ On April 6, 2012, the Plaintiff was entitled to participate in capital increase for capital increase and paid KRW 90,000 to the Deceased the remainder of KRW 90,000 necessary for the Deceased’s participation in capital increase for capital increase. ④ In the future, D’s shares allocated to the Deceased at the time of listing, the Plaintiff deposited the shares with the Plaintiff at the same time as the Plaintiff’s share transfer and the share certificate in the account of KRW 500,000,000,00,000.

B. On March 2013, the Plaintiff recommended the Deceased to invest D’s shares in the shares, and deposited KRW 50 million in the deceased’s account.

C. The Deceased acquired 10,020 shares out of 292,50 shares issued by D, and the Plaintiff and the Deceased on December 5, 2014, upon D’s capital increase, the Plaintiff completed the payment and offer by proxy through the Deceased. D as of December 5, 2014, as of December 5, 2014, in a state of undetermined listing plan as of December 5, 2014, the Plaintiff could not continuously attend the company until the listing date due to a failure in the health condition of the Deceased, etc., the Plaintiff proves that the Plaintiff had ownership of shares allocated to the Plaintiff on behalf of the Plaintiff, and if the deceased continue to work until the listing date without problems, the Plaintiff will deliver the share certificates equivalent to the amount of the Plaintiff’s investment funds to the Plaintiff through this notarial document.