logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.05.29 2018나2037787
약정금
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's main claims are dismissed.

3.The addition has been made by this court.

Reasons

1. Basic facts

A. The Plaintiff’s title trust, etc. 1) The Plaintiff’s shares 90,000 shares of C Co., Ltd. (hereinafter “instant shares”) by avoiding the company’s policy that prohibits executives from owning shares of the company around 1986.

(2) When the instant shares were listed on KOSDAQ, the Defendant opened a consignment account (Account Number: E; hereinafter “D1 account”) with D Co., Ltd. under the name of the Defendant on April 16, 2004 at the Plaintiff’s request and provided it to the Plaintiff. On April 16, 2004, the Plaintiff directly managed the said account since the Plaintiff entered the instant shares into the said account on April 16, 2004.

B. (1) The Plaintiff sold the instant shares several times from October 27, 2004 to March 14, 2005, and the sales price of KRW 1,337,028,000 in the Defendant’s deposit account (Account Number: I; hereinafter “G bank account”) opened in G Co., Ltd.

(2) The above account was opened and used by the Defendant on October 26, 2002. (2) The dividend of the instant shares was deposited into the Bank account (Account Number:F; hereinafter “Corporate Bank account”) opened and used by the Defendant. However, when the sales price of the instant shares was deposited into the G Bank account, the Defendant transferred the stock dividends in 2004, which was kept in the corporate bank account, to the G Bank account in an integrated manner.

(c) Other accounts, etc. 1) A account in the name of the defendant (Account Number: M: hereinafter referred to as "D 2 account");

(2) On October 14, 2012, the Plaintiff closed the D First Account on October 14, 2012.

3) A corporation G was merged with H, and the G bank account was converted into H account (Account Number: N), and the Defendant terminated the said H account on September 27, 2012 (based on recognition).

arrow