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(영문) 서울동부지방법원 2015.05.01 2014가합6020
기타(금전)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From October 10, 2007 to November 23, 2007, E paid to the Defendant KRW 1.845 billion out of the amount invested by Plaintiff A as investment for the acquisition of shares issued by F, a Spanish Communications Company (hereinafter “instant Company”).

Plaintiff

B from August 2007 to December 3, 2007, the Defendant paid KRW 118 million to the above investment amount.

B. On July 29, 2010, the Defendant was prosecuted for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and was acquitted on June 10, 201 by the above court on the following grounds: “In around 2007, the Defendant acquired KRW 1.845 billion from E, and KRW 118 million from Plaintiff B, respectively, under the name of the purchase price for the shares issued by the instant company.”

Accordingly, the prosecutor appealed, and the defendant was sentenced to three years from Seoul High Court (201No1681) on December 20, 2012, and the above judgment became final and conclusive around that time.

(hereinafter referred to as “Appellate Trial”). (c)

After that, Plaintiff A was transferred by E the claim for the return of investment funds to the Defendant.

On November 8, 2011, when the appellate trial was in progress, the Plaintiffs and E drafted a supplementary statement of agreement with the Defendant’s agent G Counsel as follows (hereinafter “instant agreement”). H is “E and the Plaintiff’s agent and the assignee of the claim,” and the Plaintiff’s defense counsel, E and B, respectively, was present as a observer.

The Agreement on Agreement A (Defendant), and B (Plaintiffs, E, and H) agree with each other in relation to share investment agreements, credit transfer and takeover between the Seoul High Court case No. 2011No1681 and the Seoul High Court, as follows:

1. The case in which “A” holds no more than 180,000 shares out of the shares of the instant company owned by BOS Securities Co., Ltd. to BOS Securities Co., Ltd., designated by BOS Securities Co., Ltd. with the payment in lieu of transfer money claim and the obligation to return investment money to B.

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