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(영문) 서울고등법원 2015.02.27 2014나32931 (1)

주식반환 등

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The following facts may be acknowledged in full view of Gap evidence 1, 2, Eul evidence 1-1, Eul evidence 2, 3, and 14 (the evidence with a serial number includes a serial number) and the purport of the whole oral argument with H's testimony by the witness of the court of the trial.

On March 26, 2004, the Plaintiff opened a comprehensive account (F) and trading account (G, E, and E, hereinafter “instant account”) in the said comprehensive account by filing an application with the Defendant (hereinafter “new interest securities corporation”).

The Plaintiff deposited 1,710,625 shares of common shares of D Co., Ltd. (hereinafter “D”) in the instant account on March 30, 2004, and deposited 5,236,239 shares of D common shares until November 24, 2011.

On January 7, 2013, 2013, B, which was a driver, issued under the name of the Plaintiff at the Defendant’s name, affixed the Plaintiff’s seal that was stolen on the Plaintiff’s name and affixed to the Plaintiff’s application, and presented it to H along with the Plaintiff’s securities card to the Defendant’s employee, and transferred 500,000 shares out of the above D common shares deposited in the instant account to the Samsung Securities account in the name of B by means of inputting the password on the password entry date.

(2) On June 20, 2013, the Seoul Southern District Court rendered a judgment on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), theft, fabrication of private documents, and conviction of the crime of uttering of the above investigation documents (2013Gohap 135) on the grounds that “B stolen securities cards and seals owned by the Plaintiff, and acquired pecuniary benefits by deceiving the Defendant’s employees H by forging and exercising the application for withdrawal of shares under the Plaintiff’s name, thereby deceiving the Defendant’s employees H and transferring 50,000 common stocks owned by the Plaintiff to his/her own Samsung Securities account.” The judgment became final and conclusive as it is, due to the dismissal of both B’s appeal and appeal.

According to the above facts of recognition as to the primary claim, the shares of this case shall not be held unless there are other special circumstances.