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(영문) 서울중앙지방법원 2015.09.16 2015가단33234
주식매도대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 1, 2007, the Plaintiff transferred KRW 100 million to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”). At that time, the Plaintiff was issued 4,000 shares issued by Defendant C (the face value is KRW 5,00,000; hereinafter “instant shares”).

B. On January 19, 2010, the Plaintiff set the sales price per share of the instant shares to Defendant C in total at KRW 20 million (=4,000 x 5,000 won).

【Ground of recognition】An absence of dispute, Gap’s evidence No. 1, and Eul’s evidence No. 3

2. Determination on the cause of the claim

A. (1) Determination on the claim for the payment of agreed amount or the claim for the payment of stock price (i) The above KRW 100 million, which the plaintiff remitted to the defendant company, was an investment bond against the defendant company, and the defendants demanded the return of the above investment amount from the plaintiff and agreed to return the total amount of the above investment amount to the plaintiff around January 2010.

However, the Defendants received the instant shares from the Plaintiff and paid only KRW 20 million to the Plaintiff, but did not return the remaining KRW 80 million, and thus, they must return it to the Plaintiff.

(2) We examine the judgment, and there is no evidence to acknowledge that the Defendants agreed to return the above KRW 100 million or the above KRW 80 million to the Plaintiff. Thus, the Plaintiff’s claim for this part of the claim is without merit.

In addition, it seems that the Plaintiff asserts to the effect that the share price agreed to be paid in the course of selling the shares of this case to Defendant C is KRW 100 million, on the premise that the remaining remaining remaining remaining price is KRW 80 million, but the argument that the share price was paid in the stock transaction as of January 19, 2010 is set at KRW 100,000,000,000,000,000,000,000,000,000,0000

B. (1) The Plaintiff’s summary of the Plaintiff’s claim is the shareholder with capital increase issued around April 2, 2008, when the Defendant Company offered 107,800 shares to the company.

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