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(영문) 대구지방법원서부지원 2019.06.20 2018가합51199
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. 1) The Plaintiff’s assertion regarding the return of unjust enrichment or the claim for damages arising from illegal acts is determined as to the Plaintiff’s claim. The Plaintiff’s assertion is a stock company E owned by Defendant B (hereinafter “E”) between Defendant B and around July 2014 and August 2014.

() A contract to acquire 1650 shares out of the shares was concluded, and the above Defendant paid KRW 546 million to the above Defendant for the acquisition price. However, although Defendant B did not hold shares and did not intend to implement the procedure for transfer of 1650 shares, it would be deemed that the Plaintiff registered the Plaintiff in the shareholder registry of E and had the Plaintiff exercise voting rights at the shareholders’ meeting of E on July 13, 2015, thereby constituting a deception against the Plaintiff. This constitutes a deception against the Plaintiff. The Plaintiff seeks to revoke the share transfer contract concluded with Defendant B on the ground of deception and to return the same KRW 546 million for unjust enrichment or to pay the amount equivalent to the same KRW 270 million for damages incurred from the said illegal act as stated above by the Defendant B, the Plaintiff concluded a contract with Defendant B on July 1, 2014 to transfer the shares to the Plaintiff at a price of KRW 1650,000,000,000,000 for each of the above shares transfer price of E.

(1) The Plaintiff entered into the instant table with Defendant B (hereinafter “instant table”).

) The fact that the share acquisition price was paid in the amount of KRW 546 million as above does not conflict between the parties, or the evidence Nos. 1 through 5, 12 and 13 (if any, including a serial number) is not in dispute between the parties.

hereinafter the same shall apply.

The statements in Eul evidence 2 are recognized by adding to the whole purport of the pleading.

1. The amount of the No. 1.

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