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1. Regarding the Plaintiff’s claim against Defendant B, including the Plaintiff’s claim extended by this court.
Reasons
In the first instance court, the Plaintiff sought from Defendant B the return of 6,802 share of the attached Form No. 1, which was based on the invalidity of the sales contract by subrogationing D as the principal creditor of D. In addition, the Plaintiff filed a preliminary claim for the return of 6,802 share of the attached Form No. 1 and the payment of KRW 400 million when it is impossible to deliver and execute the share. The first instance court dismissed the Plaintiff’s primary claim and accepted the preliminary claim.
Since only the defendant B appealed against this, the plaintiff's claim against the defendant B is limited to the preliminary claim.
Basic Facts
D A. On December 29, 2003, a company established with the business purpose of a private teaching institute and a book sale, etc. The representative director, Q purchased national tax payment stocks without the authorization or permission of the authority with respect to D business, sold them to investors. After three months, the company that issued the national tax payment stocks, etc., sold them at a high price to the company that issued the stocks or major shareholders, etc., and was convicted of violating the Act on the Regulation of Conducting Fund-Raising under the pretext of seeking to return the investment funds from investors in addition to the final profits from the sales proceeds received from selling the stocks at a high price
(Seoul Central District Court Decision 201Da5632 Decided April 9, 2013 (hereinafter “relevant criminal case”). On November 24, 2010, the Plaintiff and D drafted a notarial deed of money consumer loan agreement (No. 5990, hereinafter “notarial deed of this case”) with the purport that the Plaintiff’s repayment period of KRW 318,710,700 on D is December 2, 2010, and that interest shall be fixed and lent at 2.5% per month.
Defendant B’s shares listed in Section 1 (hereinafter “instant shares”) of E Co., Ltd. (hereinafter “E”) on August 3, 201 (hereinafter “instant shares”) (hereinafter “instant shares”) and Defendant C’s share certificates on this issue (hereinafter “instant First Share Certificates”) on May 30, 201.