주식반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that, around August 2014, the Plaintiff borrowed KRW 200 million from the Defendant through D in order to raise the operating fund of the Co., Ltd. (hereinafter “C”).
D When repaying the borrowed amount to the Plaintiff, D repaid the borrowed amount of KRW 300 million, plus KRW 100 million, registered D as a joint representative director in security, and demanded C to provide C’s shares.
Accordingly, the Plaintiff offered 40,00 shares to the Defendant as security.
Now, the Plaintiff intended to repay the agreed amount of KRW 300 million, but the Defendant refused to receive the agreed amount. Therefore, the Defendant is obligated to return the instant shares to the Plaintiff with the payment and repayment of KRW 300 million from the Plaintiff.
2. Each statement of Gap evidence Nos. 1, 16, 19, 20, 36 (including a serial number; hereinafter the same shall apply) and witness E, which correspond to the fact that the plaintiff offered the shares of this case as security while lending KRW 200 million to the defendant, and the testimony of the witness E, cannot be easily believed in light of the following facts, and there is no other evidence to acknowledge it otherwise.
Rather, the evidence Nos. 18, 25, and 37, and Eul evidence Nos. 18, 37 (the plaintiff asserts that the evidence No. 18 was forged, but there is no evidence to prove it other than the above evidence) and the whole purport of the pleadings, C has decided to additionally issue 40,000 shares of this case by opening a temporary general meeting of shareholders on August 27, 2014. The defendant accepted the shares of this case at that time, and remitted the acquisition price of KRW 200 million to the account under C. The plaintiff, F, G, and H (hereinafter "existing shareholder") and the defendant on August 27, 2014.