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(영문) 수원지방법원안양지원 2017.12.08 2017가단101216
부당이득금
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 and judgment

A. The gist of the assertion is that the Plaintiff, as his/her agent, entered into an agreement with the Defendant on the storage of stocks and the vicarious execution of stock transaction. On December 22, 2015, the Defendant, despite the Plaintiff’s request for return made on December 15, 2015, sold the Plaintiff’s stocks traded pursuant to the said agreement in full, thereby unjust enrichment of KRW 86,93,110; and the Plaintiff incurred damages of KRW 11,879,285, equivalent to the difference between the market price on the date the return was requested and the Defendant’s actual sale price. As such, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 98,812,395 (i.e., KRW 86,933,110,879,285) and damages for delay.

B. First of all, as to whether an agreement was entered into between the Plaintiff and the Defendant on the storage of stocks and the vicarious execution of stock transaction, it is difficult to believe that the testimony of the Health Team, A’s evidence No. 7 (D) and witness D is difficult, and the written evidence No. 1, No. 3, 5, and 7 are insufficient to recognize it.

Therefore, the Plaintiff’s above assertion based on the premise that there was such an agreement between the Plaintiff and the Defendant is without merit.

Rather, in addition to the overall purport of the pleadings, the parties who concluded an agreement with the Defendant on stock storage and stock transaction agency for the entire purpose of the pleading seems to be C, which is the Plaintiff.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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