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(영문) 의정부지방법원 2015.11.03 2015가단10967
부당이득금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The plaintiff (Appointed Party) asserted that the defendant established the non-party company F (hereinafter "non-party company") on March 23, 2006 and issued shares on March 23, 2006, and used the non-party company's shares to purchase the non-party company's shares by stating that "at present, it is non-listed stocks but, if converted into listed shares within three months, it would have 5,000 won per share if converted into listed shares, it would have 10 times more than 10 won per share."

Accordingly, the plaintiff (Appointed Party) purchased 78,000 shares per share, 20,00 shares for the appointed Party C, 51,000 shares for the appointed Party D, and 40,000 shares for the appointed Party E, and paid each share price to the defendant.

However, not only did the company were not listed but also did not take any measure so that the defendant did not register the plaintiff (appointed party) and the designated parties in the register of shareholders of the non-party company but did not distribute the interest of the non-party company to the plaintiff (appointed party) and the designated parties.

Therefore, the defendant is liable to compensate the plaintiff (appointed party) and the appointed party for the damages equivalent to the amount not returned up to the present.

2. The reasoning of the judgment below and evidence Nos. 1 (including paper numbers) is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

Therefore, the plaintiff (appointed party)'s assertion is without merit.

3. Thus, the plaintiff (Appointed Party)'s claim is dismissed as it is without merit. It is so decided as per Disposition.

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