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(영문) 서울중앙지방법원 2014.06.20 2013가단323414
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, while working for Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), received 1700 shares free of charge. After that, the Plaintiff offered capital increase from KRW 50 million to KRW 500 million on December 2005, and subsequently, acquired 10,300 shares additionally and owned 12,00 shares per face value (hereinafter “instant shares”).

B. Around March 2007, the Plaintiff retired from the non-party company, and thereafter, the change of entry was made in the name of the Defendant, the representative director of the non-party company, around April 2007.

C. Meanwhile, at the time of the Plaintiff’s retirement of Nonparty Company, the Plaintiff indicated “type of shares: Ordinary shares of Nonparty Company: 5,000 won, number of shares per share: Ilcheon (12,000), par value: O,00 won: The Plaintiff and transferee: Defendant.” The Plaintiff’s name and the Plaintiff’s seal impression are affixed to the transferor’s column (hereinafter “instant certificate of transfer and takeover of shares”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff’s assertion: (a) around April 2007, the Defendant: (b) transferred the ownership of the instant shares in the name of the Defendant by forging the instant share transfer certificate; and (c) disposed of all of the 100,000 shares of Nonparty Company, including the instant shares, to a third party on or around March 2013; and (d) the Defendant is liable to compensate the Plaintiff for damages equivalent to 12% (12,000 shares out of the total 10,000 shares) out of the sales price of Nonparty Company’s shares (12,00 shares out of the total 10,000 shares); and (b) as a part thereof, if the instant share transfer certificate was not forged, the Defendant is stated in the share transfer certificate.

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