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(영문) 수원지방법원 2020.01.16 2018가합27969
주식반환
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 following [Attachment 1] The Account Number “Account Number” was opened in D (hereinafter “D”) in the name of the Defendant (name prior to the opening of the name: C) on each day indicated in the “Date of Opening” of the same Table respectively (hereinafter “instant First Account”).

Through the account Nos. 1 and 2 of this case, [Attachment 1] purchased 16,648 shares of E Co., Ltd. (hereinafter “E”) such as E Co., Ltd.’s “stocks” on each day indicated in the “base Date”, and around that time, deposit received of KRW 656,39 in total was deposited in the account Nos. 1 and 2 as indicated in the “cash” column of the same Table.

Defendant F 1 on March 10, 2016 7,985 435,221 July 26, 2018, Defendant G on March 22, 2018; 16,648 656,39- [Attachment 1] of the aggregate on August 9, 2018, 16,648 656,399 [Attachment 1]

B. In the account Nos. 1 and 2 of the instant case, a number of details revealed that E-stocks, etc. were transferred or replaced with the account under H’s name.

H (hereinafter “the deceased”) died on August 16, 2018.

C. On August 20 to 28, 2018, the Defendant: (a) transferred KRW 5,00,00 in total, and KRW 57,413,735 in its name (I Bank and J Bank)’s account, as indicated below [Attachment 2] 1-4, and cash in the first and second accounts; and (b) transferred KRW 57,413,735 in total.

Of E-stocks 7,985 shares purchased with the first account of this case on August 28, 2018. 5,000 5,784,474, 2018. Of E-stocks 7,985 shares (as of July 26, 2018) purchased with the first account of this case, KRW 310,04,657 (as of August 24, 2018. 99,452, interest and interest on August 28, 2018. 30,045,205,205 won) were paid in full. The remaining cash balance of the first account shall be deposited with the Defendant’s I Bank account under the name of the Defendant, and part of the balance of the E-stocks shall be deposited with the J Bank’s shares account under the name of the Defendant as of August 28, 2018.

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