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(영문) 서울중앙지방법원 2018.10.31 2018가단5119530
부당이득금
Text

1. The Defendant’s KRW 145,152,287 for the Plaintiff and KRW 5% per annum from May 25, 2018 to October 31, 2018 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in a securities consignment sale and brokerage, etc., and the Defendant is the Plaintiff’s customer who engages in stock transaction through the Plaintiff’s stock transaction account (Account Number B (hereinafter “instant stock account”).

B. The Defendant purchased shares of C (hereinafter “instant shares”) via the instant stock account (hereinafter “instant occurrence company”) on March 10, 2016 and March 31, 2016, each of 3,174 shares and 1,322 shares, and held a total of 4,496 shares.

C. On April 14, 2016, the issuing company of the instant case filed a petition for bankruptcy pursuant to Article 11 of the Federal Bankruptcy Act, and accordingly, the instant shares were transferred from the KTC Exchange to the OTC Exchange on April 25, 2016, and the category increase of the relevant shares (a drug used to identify specific shares in a specific stock market) was also changed from ESI to ESI.

After that, the instant shares were delisting on December 30, 2016 following the rehabilitation procedure for the instant issuing company, making it impossible to conduct a transaction, and were retired on August 30, 2017.

On January 9, 2017, the issuing company of this case listed new shares, which are separate shares from the shares of this case on the Exchange of the United States, after undergoing rehabilitation procedures through Article 11 of the Federal Bankruptcy Act (hereinafter “instant new shares”).

After listing, the new shares of this case were transferred to the Nana Exchange on February 28, 2017, and the category of the shares was changed to ESI.

E. As a result, the exchange of the instant new shares and the e-mailers had been holding by the Defendant prior to their delisting, which led to a situation consistent with the exchange and e-mail of the instant shares.

F. Meanwhile, the information on the market price of overseas stocks is automatically reflected in the Plaintiff’s stock transaction system. The information on the market price of each stock delivered at this time refers to the information on the same exchange and tacter information as the pertinent stocks (hereinafter “B”).

(2) the Corporation.

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