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(영문) 서울서부지방법원 2016.04.07 2015가합1307

손해배상(기)

Text

1. Defendant B Co., Ltd.: (a) KRW 400,000,000 and its interest shall be annually from September 6, 2014 to June 22, 2015 to the Plaintiff.

Reasons

1. The facts under the recognition of facts may be found either in dispute between the parties or in the entries in Gap evidence 2, 3, and 4 (including the branch numbers, if any; hereinafter the same shall apply), together with the whole purport of the pleadings.

On August 26, 2014, the Plaintiff purchased 235,294 common shares from Defendant B Co., Ltd. (hereinafter “Defendant B”) for KRW 400 million, and paid the purchase price on the same day.

(B) The above share purchase and sale contract is referred to as “the instant purchase and sale contract,” and the subject shares are referred to as “the instant shares.”

On August 27, 2014, Defendant B prepared a receipt that received the purchase price pursuant to the above sales contract (hereinafter “instant receipt”) and issued it to the Plaintiff. Defendant C signed the said receipt as a joint guarantor and entered his resident registration number in the said receipt.

C. Since September 2, 2014, the Plaintiff agreed to cancel the instant sales contract with Defendant B and the Plaintiff, and Defendant B agreed to return the sales price of KRW 400 million to the Plaintiff by September 5, 2014.

(hereinafter “instant agreement”). 2. As to a claim for damages arising from a tort

A. The Plaintiff’s assertion is the actual representative and shareholder of Defendant B, and Defendant C is a person who invested in money in Defendant B, and the said person is entitled to acquire the instant shares immediately if only the purchase price is paid. The Plaintiff purchased the said shares in trust and pledge, but did not acquire them ultimately.

In addition, even though the Plaintiff rescinded the contract with Defendant B on September 2, 2014, Defendant B did not return the purchase price agreed to be returned.

In light of the above circumstances, the Defendants deceiving the Plaintiff in spite of their intent or ability to perform the obligation to return the purchase price after the cancellation of the instant sales contract or the obligation to return the purchase price.