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(영문) 전주지방법원군산지원 2016.02.18 2015가합10860
손해배상(기)
Text

1. The request is dismissed.

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

Reasons

1. Determination on loan claims

A. The Plaintiff’s assertion that the Plaintiff lent KRW 70,000,000 to the Defendant on July 9, 2010, the Defendant is obligated to pay the loan and delay damages to the Plaintiff.

B. According to the overall purport of the statement and pleading by Gap evidence No. 1, the plaintiff can be found to have transferred and remitted a total of KRW 70,000,000 to the national bank account (D) in the name of defendant C on July 9, 2010. However, this fact alone is insufficient to recognize the fact that the plaintiff lent the above KRW 70,000 to the defendant, and there is no other evidence recognized otherwise.

Rather, in full view of the statements in the evidence Nos. 1 and 4-1, 5 and witness E’s testimony, the Plaintiff, a major shareholder of the F Company, was under consideration as to how to stabilize the price as the price of the F Company’s stock drops. However, if the F Company’s actual shareholder E, the Defendant, who was an inside director, wants to the end that he would purchase the F Company’s shares and sell the F Company’s shares to the F Company’s stabilization of the price, he would pay the said shares. On July 9, 2010, he transferred and remitted KRW 70,000 to the National Bank’s account in the name of C, an E driver for the purpose of purchase of shares, and ② purchased the F Company’s shares with his own shares paid in KRW 70,00,000,000, which was actually received by the Plaintiff, and ③ the Plaintiff purchased the shares of the F Company’s shares with its own shares returned to the Plaintiff’s counter-party KRW 70,000,000.

The plaintiff's assertion on this part is without merit.

2. Determination on a claim for damages

A. On February 7, 2011, the Plaintiff asserted that the Plaintiff lent 51,00 shares of F company to the Defendant. On September 7, 2011, E disposes of the said shares and returned originals.

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