The defendant shall pay to the plaintiff KRW 200,000,000 as well as 5% per annum from July 11, 2019 to September 16, 2020.

1. Basic facts

A. The Plaintiff owned 5,00 shares listed in the attached list of the issuance of the unlisted company C Co., Ltd. (hereinafter “C”), a non-listed company (hereinafter “C”), and comprehensively delegated D, its husband, the right to dispose of the instant shares.

B. D requested the buyer to find out the subject of purchase of the instant shares upon introducing F from his own land E during the physical display of the purchaser to dispose of the instant shares.

C. D received communication from F on June 13, 2019 that the Defendant intended to purchase the instant shares from F to KRW 55,000 per share, and expressed its intent to comply with F, and thereafter, entered the instant shares into G account of the Defendant on the same day.

On the other hand, F consulted with the Defendant through the Defendant’s employee H on the trading volume and unit price of the shares issued C, and on June 13, 2019, F completed the consultation with the Defendant to purchase KRW 5,000 per share of KRW 40,000 per share.

E. On the same day, the Defendant confirmed that the instant shares were deposited in his account, and deposited KRW 200 million in the bank account in the name of F at F’s request. At that time, most of the instant shares were disposed of to a third party.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3 (including each number in the case of documentary evidence with serial numbers) and the purport of the whole pleadings

2. Determination

A. In light of the following circumstances revealed from the evidence revealed prior to the legal status of F, F merely appears to have performed the role of mediating the transaction of the instant stocks between the Plaintiff and the Defendant, and it cannot be deemed that F had the authority to act as a lawful agent for the Plaintiff or the Defendant.

(1) In the case of unlisted stocks whose open market has not been established, the process of negotiating the price by finding the opposite contractual party.