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(영문) 서울중앙지방법원 2019.09.20 2018가합563801
단기매매차익금반환
Text

1. The Defendant’s KRW 861,00,000 as well as 15% per annum from November 23, 2016 to May 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company delisted on September 8, 2016, which was listed on KOSDAQ for the purpose of domestic and foreign distribution business, oil sales business, etc., and the Defendant was the representative director of the Plaintiff from July 24, 2015 to December 30, 2015.

B. On May 2015, the Defendant, C, and D acquired the Plaintiff, who is a listed company on KOSDAQ, and conspired to sell the Plaintiff’s shares at a high price by using “new business acquisition”, “new business advancement” as materials to support the Plaintiff’s share price (hereinafter referred to as “pulul”).

C. On June 10, 2015, the Defendant, C, and D entered into a contract with E to acquire 2750,000 shares of the Plaintiff under the name of the Defendant as the largest shareholder and the representative director, and the Defendant was appointed to the representative director of the Plaintiff on July 24, 2015.

Defendant, C, and D attempted to attract the Plaintiff’s share price on the ground of “new business acquisition” from July 2015 to October 2015, but failed once.

Meanwhile, from May 2015, F, G, and H planned to use “China Saudidi Distribution Business” and “China Distribution Business” as pulse in order to attract their own share price of the I Co., Ltd. (hereinafter “I”).

Accordingly, the defendant, C, D, F, G, and H had prepared to be a policeman in the middle of October 2015, the plaintiff used "China Distribution Business" as the "China Distribution Business", and the plaintiff recruited I to provide funds as the "China Distribution Business".

E. From October 19, 2015 to December 2, 2015, the Defendant spreads through the media the false information, such as “The Plaintiff, in alliance with I, to supply Korean goods to the petroleum life net (CNPC) that supplies general goods to the officers and employees of the global petroleum company group, including China, in the number of million executives and employees of the global petroleum company group, including China.”

F. Defendant, D, and C spread the entry into “China Distribution Business” into the media on October 16, 2015 and immediately before October 19, 2015.

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