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(영문) 대전고등법원 2015.10.21 2015나630
부당이득금반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim (including the part extended before the return) and the case after the return are returned.

Reasons

1. Basic facts

A. C Co., Ltd. was established as a company in charge of sales of Daewoo Electronic Co., Ltd. on June 3, 1987, and its trade name was changed to D on December 20, 199.

Then, on November 1, 2012, the J Co., Ltd. is mutually changed (hereinafter referred to as “D”). (B)

D From 200 to 200, in lieu of the bonus payment to employees, D's shares (non-listed shares) were converted into 10,000 won per share value to the supplier company in lieu of the payment of goods.

C. The deceased B (hereinafter “the deceased”) was working in Daewoo Electronic Co., Ltd., and worked as the head of D’s branch due to the reorganization of the organization of Daewoo Electronic Co., Ltd., and retired from D around the end of 1999 and engaged in the distribution business after the accident, and supplied goods to D. In the process, D’s shares were held 18,000 shares.

In around 1998, the Plaintiff became aware of the Deceased who worked as the head of D branch office while working as the head of D branch office.

E. The Plaintiff purchased 2,000 shares of D shares owned by the Deceased (hereinafter “the instant shares”) at par value of 10,000 won and paid 20,000,000 won to the Deceased. However, upon the Deceased’s request, the Plaintiff suspended the transfer of shares at the time of the Deceased who supplied the shares to D, and required the Deceased to manage the instant shares under title trust.

F. On March 24, 2003, the Deceased kept D’s shares 2,000 shares (Won 20,000,000) in custody. On March 24, 2003, the Deceased issued to the Plaintiff a certificate of custody as “B.”

G. The subsequent D Shares were divided into 5,000 won per share on March 20, 2004.

(B) Accordingly, the Plaintiff’s shares in title trust with the Deceased were 5,000 shares per share with par value of 5,000 per share. (A)

On the other hand, D, around April 2005, intended to transfer approximately 80% of D’s stocks (the stocks held by the former and incumbent officers and employees and the suppliers) to Liito Equity Partners, which is the Hong Kong private equity fund, and accordingly, D’s stocks are weak.

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