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(영문) 서울고등법원 2016.01.08 2015나2029426
주식매매대금 반환청구의 소
Text

1. The plaintiffs' appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

The E Co., Ltd. (hereinafter “E”) whose representative director is the E Co., Ltd. is the E Co., Ltd. (hereinafter “E Co., Ltd.”) is a company established on February 24, 2003 for the purpose of transportation storage and warehousing business, and closed on October 31, 2013.

Of the total number of shares issued on September 2, 2008, the register of shareholders of the non-party company stated that the defendant held 40,000 shares and 30,000 shares and 15,000 shares by the plaintiff A, the plaintiff B, and C respectively. The register of shareholders of December 24, 2008 stated that the defendant held 65,00 shares, F, 15,000 shares, and G and H held 10,00 shares each among the above 100,00 shares.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 10-1, 2, and Eul evidence Nos. 10-1, 10-2, and the purport of the whole pleadings, and the part of the plaintiffs' primary claims asserted by the plaintiffs among December 2008, the plaintiffs agreed to sell the non-party company's stocks held by the plaintiffs to the defendant as the purchase price (150 million won in the case of plaintiff A, and 75,000,000 won in the case of plaintiff B and C) calculated on the basis of the face value 5,00 won per share, and the purchase price was immediately paid by the defendant to the defendant as the collateral for the company's stocks.

Since the Defendant offered the Plaintiffs’ shares as collateral and obtained a total of KRW 500,000,00 from a corporate bank, the Defendant is obligated to pay each of the Plaintiffs the purchase price of the shares at the same time as it takes over each of the Plaintiffs’ shares pursuant to the above sales contract.

If the part of the conjunctive claim was not entered into between the plaintiffs and the defendant, it is clear that the defendant acquired shares owned by the plaintiffs without any title and transferred them to the employees of the defendant or the defendant, such as the list of shareholders dated December 24, 2008.

Therefore, the defendant should be deemed to have obtained without any legal ground the benefit equivalent to the value of each of the above shares. Therefore, the amount equivalent to the above 30,000 share value to the plaintiff A shall be 150.

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