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(영문) 대구지방법원 2015.06.11 2014나304281
주식대금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport.

Reasons

1. The facts based on which the Plaintiff transferred SKcom shares 1,190 shares (the transaction value at that time) in its stock transaction account on August 6, 2008 to the Defendant’s account, which was the principal at the time, do not have any dispute between the parties, or if the purport of the entire pleadings is added to the evidence Nos. 1 and 2.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) At the time of the transfer of the above shares, the Defendant agreed to pay the Plaintiff the amount equivalent to the value at the time of transfer at the time of the Plaintiff’s request if the loss occurred after making use of the above shares. 2) The Plaintiff requested the return of the above shares after the Plaintiff’s determination with the Defendant, but the Defendant paid only KRW 4,750,000 on December 19, 2008.

3) Therefore, the Defendant is obligated to pay the Plaintiff the Plaintiff the amount of KRW 12,743,00 (the transaction value at the time of transfer 17,493,00 won - the payment amount of KRW 4,750,00) and damages for delay. (B) As evidence shown in the Plaintiff’s assertion consistent with the Plaintiff’s assertion, the following circumstances are revealed according to each of the evidence, Gap’s evidence, Gap’s evidence, and evidence Nos. 5, 6, and Eul’s evidence No. 1 as mentioned above, i.e., the document unilaterally prepared by the Plaintiff; (2) the Defendant transferred part of the Defendant’s profits from the Defendant’s stock transaction to the other party’s account several times at the time of expulsion with the Plaintiff; and (3) the Plaintiff requested the return of the said shares after separation with the Defendant, and there is no other evidence supporting that there was an agreement with the Plaintiff. Therefore, the Plaintiff’s assertion is without merit.

3. Thus, the plaintiff's claim shall be dismissed for the reason that it is without merit, and the judgment of the court of first instance shall be revoked because it is unfair to conclude otherwise.

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