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(영문) 서울동부지방법원 2016.10.19 2014가합12155
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

Defendant C is the representative director of F Co., Ltd. (hereinafter referred to as “F”), Defendant D, and E are those who have worked as the inside director of F.

On February 2, 2011, the Plaintiff discussed that “F real estate investment trusts exist, and may make up at least two times the profit by making an investment in money, at least two times in December of this year.”

The Plaintiff was recommended by F’s Standing H of the F to provide at least 2-5 times the Plaintiff’s listing until October when F invests in the money because it is short of the funds to obtain the authorization and permission from the Ministry of Land, Transport and Maritime Affairs. F is recommended to purchase the shares owned by F. purchase of the shares.

The Plaintiff agreed to invest money in F, and remitted total of KRW 15 million to Defendant D’s deposit account on February 14, 201, KRW 20 million, KRW 20 million on February 28, 2011, KRW 5 million on March 16, 2011, KRW 5 million on May 16, 201, KRW 15 million on May 23, 201, and KRW 15 million on May 23, 201.

On February 14, 2011, the Plaintiff received each share transfer agreement and each share certificate in the name of the Defendant C with the content of purchasing 40,000 shares of F issued shares owned by Defendant E on February 28, 201 (the face value of KRW 500 won per share; hereinafter the same shall apply), F shares owned by Defendant E on February 28, 201, 10,000 shares of F shares owned by Defendant E on March 16, 201, 1100 shares of F shares owned by Defendant E on May 16, 201, and 30,00 shares of F shares owned by Defendant E on May 23, 201.

On the other hand, F applied for authorization of business to the Ministry of Land, Transport and Maritime Affairs on January 12, 201, but did not obtain authorization, and F withdrawn an application for authorization of business on August 16, 201, although F applied for re-authorization on or around August 16, 201, it did not secure land subject to development on or around November 30, 2011.

In addition, since I is the actual operator of F, and was not equipped with organizations, human resources, funds, etc. to carry out a real estate development project, I listing the shares of intention, ability, or F to carry out the project normally or listing the shares is not listed.

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