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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On April 6, 2017, the Plaintiff: (a) proposed that the Plaintiff purchase KRW 17,000 shares of the Plaintiff’s holding (hereinafter “instant shares”) from a person who was unaware of the name; and (b) consented thereto.
B. Accordingly, the Plaintiff transferred the instant shares to the Defendant’s stock account known to the Plaintiff as his own stock account, and then requested the account holder to pay the sales price. However, the account holder was only informed of the Defendant’s name, resident registration number, and address and did not pay the price up to the day.
C. Meanwhile, the Defendant received the instant shares from the Plaintiff, and transferred the purchase price to D’s account that is not the Plaintiff.
Since the instant share sales contract is null and void as it was concluded without agreement between the Plaintiff and the Defendant, the Defendant shall return to the Plaintiff the sales price of the instant shares, namely, the sales price of KRW 55,400,000, and damages for delay thereof, which the Defendant received after selling the instant shares to the other party.
(1)(e).
Even if the sales contract of this case is not null and void, the Defendant breached its duty of care as a purchaser to transfer the purchase price of this case to D’s account, not the Plaintiff, and thus, the Defendant shall compensate the Plaintiff for the damages incurred by the Plaintiff due to the Plaintiff’s breach of such duty of care and damages for delay.
(B) claim. 2. Judgment
A. (1) On April 6, 2017, the Plaintiff transferred the instant shares to the Defendant’s stock account designated by the bearer of the name in return for a proposal to purchase the instant shares in KRW 17,000 per share from the person who was unaware of name on April 6, 2017. Meanwhile, on the other hand, the Defendant received the proposal that he would purchase the instant shares in KRW 13,000 per share from the person who was unaware of name on April 6, 2017. The Defendant confirmed that the instant shares were transferred to his own stock account.