주식반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. The Defendant is the largest shareholder of C Co., Ltd. (hereinafter “C”) engaging in pharmaceutical development business, etc., and is a person who served as C’s representative director from March 29, 2012 to May 22, 2013.
B. From springing around 2010, the Plaintiff, upon the Defendant’s request, engaged in business-related public relations activities for institutional investors, etc. to attract investment in C, but had difficulties in attracting investment on the ground that the total market price of C is below the total market price.
Accordingly, the Plaintiff proposed to the Defendant that “First of all, the Plaintiff purchased C’s shares that are distributed in the market by inviting the owner of the shares, increase the share price, and attracts investors after raising the total market price of C.”
On December 2010, the Defendant agreed to comply with the Plaintiff’s proposal, and requested D, through the Plaintiff, to manipulate C’s market price (hereinafter “instant market price manipulation”).
C. D ordered E and F to manipulate C’s stock price, and the first market price manipulation from December 30, 201 to January 25, 201. Since the first market price manipulation, F instructed G to manipulate C’s stock price, and G was involved in the second market price manipulation from February 8, 2011 to February 28, 201.
However, as F, G, and G’s former owner suffered loss due to the price drop in the instant market manipulation process, H demanded the Plaintiff to provide C’s shares as security of the loss.
Accordingly, on February 17, 201, the Plaintiff provided G with 96,500 common shares of 500 won per face value (hereinafter “instant shares”) issued by C, and G provided some of them to H.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 7 through 11, Eul 1-1 and Eul 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s offering of the instant shares to the Plaintiff G is currently against the Defendant’s offering of “Defendant to G 10,000 shares to the Plaintiff during February 2011.”