주식명의변경이행청구
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. The reasoning for the court’s explanation concerning the instant case is as follows, except for partial dismissal as follows, the reasoning for the court’s explanation is as follows: (a) pursuant to the main sentence of Article 420 of the Civil Procedure Act, this shall be cited pursuant to the main sentence of Article 420 of the same Act.
In light of the following circumstances, “However, the above evidence and evidence Nos. 12, 2, 3, 5, and 6, each of the above evidence and evidence Nos. 12, 2, 3, 5, and 6, and the whole purport of the pleadings as a result of the order to submit financial transaction information to the Alurian Life Insurance Co., Ltd. at the time of the party deliberation, it is insufficient to recognize that 2,500 shares in the name of the defendant were trusted in title by the plaintiff, and there is no other evidence to acknowledge that 2,50 shares in the name of the defendant were trusted by the plaintiff.” (1) At the time of the establishment of C, E, a beneficial shareholder of D shares, was allowed to lend KRW 2,50,00 to the defendant at the time of disposal of D shares, and concluded the said share transfer contract with the plaintiff and the defendant at the time of the establishment of C or at the time of the above transfer contract, and there was no reference to the title trust at the time of establishment of C or the above transfer contract.
(2) The defendant on November 5, 2013 and the same month.
6. The Plaintiff, who borrowed KRW 25 million as the acquisition price of shares, wired the total of KRW 30 million under the pretext of interest.
On March 22, 2013, the Plaintiff asserts that, in the course of the Defendant’s repayment of the borrowed amount of KRW 50 million borrowed from the Company, the Defendant transferred the borrowed amount to the Plaintiff’s personal account in a case where the Defendant pays the borrowed amount to the company, it would be deemed that it would directly transfer the money to the Plaintiff’s personal account. However, the said money was transferred to the Plaintiff’s personal account even though it appears that the Defendant would have been transferred to the company’s personal account. The said money was raised by the Defendant’s withdrawal of KRW 30 million from the Alger’s Life Assurance Insurance Co., Ltd., which was individually subscribed on November 5, 2013 immediately before the said transfer.