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(영문) 대전지방법원 홍성지원 2018.09.13 2017가합1087

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. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff paid KRW 300 million to the representative director C of the Defendant Company (hereinafter “Defendant Company”) was concluded with the Defendant Company after hearing that the Defendant Company would allocate 60 million new shares issued by the Defendant Company (hereinafter “instant agreement”), and the Plaintiff paid KRW 300 million to C, and received the list of shareholders and the certificate of personal seal impression in the name of the Defendant Company stated by the Plaintiff as the shareholder.

However, the facts are that C would allocate the shares of the defendant company to the flag that it is the representative director of the defendant company, by deceiving the plaintiff, and defrauding KRW 300 million.

Therefore, the Defendant Company: (a) alternatively, ① by deceiving the Plaintiff in the process of executing the Defendant Company’s business, without the intention to assign shares to the representative director, and acquired 300 million won by deception; (b) as compensation for damages caused by such tort, the representative director’s granting the Plaintiff’s shareholder registry stating the Plaintiff as the shareholder may be deemed to have voluntarily retired 60 million won of the Plaintiff’s shares; (c) as compensation for damages caused by such tort, the Plaintiff’s rescission of the instant agreement concluded between the Plaintiff and the Defendant due to nonperformance through a preparatory document prepared on March 12, 2018; and (d) as such, the Defendant Company did not assign 60 million won of shares that the Defendant Company promised to receive 30 million won of the shares, thereby benefiting 30 million won of the Plaintiff as unjust enrichment without any legal cause.

B. The defendant company asserted that the defendant company issued or planned new shares at the time when the plaintiff paid KRW 300 million to C, and there is no fact that the plaintiff received KRW 300 million from the plaintiff.

Therefore, the defendant company is a personal monetary transaction between C and the plaintiff.