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(영문) 서울남부지방법원 2015.12.11 2014가단50931
투자금
Text

1. The Defendant: (a) KRW 30 million and the Plaintiff’s 20% per annum from November 19, 2014 to September 30, 2015.

Reasons

1. Facts and determination of recognition

A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each statement of evidence Nos. 1 to 14 (including each number):

The Plaintiff was introduced through D’s Gangwon Agent E, a representative of the company, through which C Tobacco was sold.

The defendant around November 2007, through E, has a high possibility that the above company will grow into a private tobacco company, and the value per share is 100 won at present, but according to the appraisal by the Saman Accounting Corporation, the value per share is more than 5,000 won, and if the bypass listing is made within 6 months at the latest of 3 months, the value per share can be rounded up to 10,000 won if the bypass listing is made within 6 months at the latest.

In 3,000 won per share, it is possible to obtain large profits from the market price, and investment was recommended.

Between the Plaintiff’s Gemanium, the Defendant did not have much sales shares through E;

In order to prepare the cost required for bypass listing, 10% shares shall be allocated to the purchase of 3,00 won per share at once, and 10% shares shall be recommended to re-investment to the plaintiff.

Therefore, the Plaintiff transferred KRW 30 million on December 27, 2007, and KRW 90 million on December 28, 2007, to the account in the name of the Defendant established in the new bank, and received KRW 44,000 of the said D shares from the account in the name of the Plaintiff established in the school guarantee right.

However, as promised, the right-holder did not list as well as the right-holder, but rather, the above D lost for three years thereafter.

In particular, the defendant, as the representative of the above company, did not exceed KRW 3,000 of the value of the above company's shares at the time, and did not notify the plaintiff of such circumstances despite the fact that the bypass listing of the above company was not recorded at the time.

B. Comprehensively taking account of the above facts of recognition, the Defendant belongs to the Plaintiff, such as making a bypass listing a right-holder not to be held a party, by excessively explaining the value of the said D’s shares.

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