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(영문) 광주지방법원 2019.02.01 2018가합956
대여금
Text

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 June 12, 2008, the Plaintiff respectively lent 200,000 shares of C Co., Ltd. (hereinafter “C”) and 200,000 shares of D Co., Ltd. (hereinafter “D”) on June 19, 2008.

B. However, as to C, the registration of discontinuation of bankruptcy on May 26, 2018, and as to D, the registration of termination of liquidation was completed on December 1, 2017. Accordingly, C shares 200,000 and D shares 200,000 shares that the Defendant owes to the Plaintiff became impossible to perform.

C. Therefore, the Defendant should pay to the Plaintiff the Plaintiff the amount of KRW 200,000,000 (=200,000 shares C x 200,000 shares D at the market price at the time of impossibility of performance x 500,00 shares at the time of impossibility of performance x 500 won at the market price at the time of impossibility of performance) and damages for delay.

2. According to the reasoning of the evidence Nos. 1 and 3, it is recognized that the Plaintiff transferred 200,000 shares of C to a person with no name on June 12, 2008 by the method of substitution, and on June 19, 2008, transferred D shares 200,00 shares to the Defendant by the method of substitution.

However, the above facts alone are insufficient to recognize that the Plaintiff lent 200,000 shares C on June 12, 2008, and 200,000 shares D on June 19, 2008 to the Defendant, and there is no other evidence to acknowledge otherwise.

Therefore, the Plaintiff’s assertion premised on the fact that shares are leased to the Defendant is without merit to further examine the remainder of the issue.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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