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(영문) 서울중앙지방법원 2019.06.12 2018나61804 (1)

부당이득금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant decided to make a joint investment by using the Defendant’s name account.

On May 24, 2017, the Defendant is named “I”, a name prior to the Defendant’s name.

D Securities account (Account H, hereinafter “instant account”) was opened, and the Plaintiff obtained an authorized certificate from the Defendant and managed the instant account.

Temporary amount from the sequence 14,00,000 won on May 24, 2017 6: 10,000 won on May 25, 2017 7 〃 10,000 won on May 25, 2017 7 〃 6,000,000 〃 33 5,000,000 won on May 26, 2017 8 8, 2017 〃 43,000,000 on May 19, 2017 〃 7,000,000 won on May 29, 2017 8,396,860 won 5 19,000,000 won on a total of KRW 87,396,860,000 on a deposit basis of KRW 19,00,000.

B. A total of KRW 87,396,860 was deposited in the instant account under the name of the Defendant as follows.

C. On May 29, 2017 through June 12, 2017, the Plaintiff purchased 41,000 shares C (hereinafter “instant shares”) via the instant account, and sold 31,00 shares out of September 27, 2017 to September 28, 2017 at KRW 61,335,00.

At KRW 61,335,00, 61,418, which deducts fees and taxes from the above sale price 61,335,00, was deposited into the account of this case.

On the other hand, the Plaintiff had J sell the instant shares, and the Defendant promised to entrust the instant account management to J without his/her consent, and changed the password on October 17, 2017 and transferred all the money and shares in the instant account to another account.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1-8, Eul evidence No. 1, each of the orders to submit each financial transaction information, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff contributed KRW 65,00,000 out of KRW 87,396,860, which was deposited in the instant account, and its share ratio constitutes 74.37%.

Therefore, 30,491 shares, 41% of the shares, 41,000 shares, constitute the Plaintiff’s shares. As such, the Defendant, out of the sale price of shares, 60,327,90 won = 31.