logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.02.09 2016가합515259
정산금 반환 청구의 소
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff served as a representative director of D from January 21, 2002 to May 6, 2012.

Defendant B is the actual operator of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and the company name omitted.

B. The Plaintiff became aware of F through E around March 2012.

The Plaintiff intended to borrow money as security for the shares issued by listed companies, such as the Hyundai Heavy Industries, owned by D as the personal debt repayment fund, and requested F to borrow money as security through E.

C. F requested Defendant B to lend funds as security listed stocks, such as Hyundai Heavy Industries, and Defendant B consented thereto.

In borrowing funds through F, the Plaintiff was unable to carry G (D vice-place) and E as the Plaintiff’s agent.

On April 4, 2012, the Plaintiff released 12,990 shares of Scco and 20,000 shares of Hyundai Heavy Industries, which are owned by D, which were entrusted with and kept in a new investment securities, etc., and delivered the said shares to F via G and E.

On April 5, 2012, the Plaintiff delivered to F 51,50 shares of ELE owned by D and 95,750 shares of Hyundai Escco.

(hereinafter referred to as “instant shares”) e.g., each of the foregoing shares.

F provided the Defendant Company with 12,90 shares and 20,000 shares of Hyundai Heavy Industries, which were received from the Plaintiff on April 4, 2012, and received KRW 6.7 billion from the Defendant Company. On April 5, 2012, the F provided the Defendant Company with 51,500 shares and 95,750 shares of Hyundai Summerco, which were received from the Plaintiff on April 5, 2012, and received KRW 7.8 billion.

Meanwhile, the Plaintiff was paid KRW 14.4 billion from F.

The 12,990 shares of the Scco on May 10, 2012, 12,48,780,780,960 3,375,624, 276, 464, 405,236 Hyundai Heavy Industries shares 20,000 shares on June 20, 2012.

arrow