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(영문) 서울고등법원 2017.12.22 2017나2022757
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. A. Around December 2014, the Defendant, C, and H agreed to invite investors, purchase at a price lower than the market price of 2 million shares of F Co., Ltd. (hereinafter “F shares”) with the investment deposit, and sell the shares at a price lower than that of the F Co., Ltd., and to distribute the remaining profits after returning the investment deposit with the market price gains.

B. At that time, C recommended the Plaintiff, a university’s ship owner, to invest in the F shares, and suggested a method of lending the Plaintiff’s shares of D Co., Ltd. (hereinafter “D shares”) as collateral and investing in F shares.

C. C around December 26, 2014, around December 26, 2014, the real share certificates of D Shares 1,440,000 received from the Plaintiff were awarded to the Defendant.

On the same day, the Defendant lent KRW 800,000,000 to the Plaintiff by the bond company I as a collateral, and the Plaintiff purchased the F shares of KRW 590,000 with the said shares.

On February 2, 2015, the Plaintiff received return of 1,000,000 shares out of D’s shares offered as security to I via C.

[Grounds for recognition] Unsatisfy, G witnesses of the first instance trial, and C’s testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion around February 2015, the Defendant secured call options of the E Company’s shares (hereinafter “E shares”) at the price for sale of D shares 440,000 shares (i.e., 1,440,00 shares offered as security - 1,00,000 shares returned; hereinafter “instant shares”) which were not returned to the Plaintiff via C, and then again sold them and paid to the Plaintiff KRW 1,100,000 in total (i.e., 440,000 shares x 2,500 won per share). After then, the Plaintiff, the Defendant, and C agreed to pay KRW 400,000 among the above KRW 1,10,000,000 per share, and the remainder of KRW 70,000,000,000 to the Plaintiff.

(hereinafter “instant agreement”). Accordingly, the Defendant is obligated to pay the Plaintiff KRW 700,000,000 and delay damages pursuant to the instant agreement.

2. The defendant's assertion that the defendant made the agreement of this case with the plaintiff.

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