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(영문) 서울중앙지방법원 2014.11.05 2013가합535078
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 16, 2011, Nonparty C prepared a “share certificate” with the Defendant on August 16, 201, and the details thereof are as follows.

The defendant shall take over and keep 300,000 share certificates from C and the defendant shall not raise any objection to C even if he/she disposes of the share certificates at the time of loss incurred by the principal of the Hyundai Securities E (F) account, and the defendant shall promise C to pay C the profit at the time of loss incurred by the said account and return 300,000 share certificates of custody: Provided, That the period of loss and loss shall be November 15, 201.

B. On August 17, 2011, Nonparty G drafted an “investment agreement” with the Defendant on August 17, 2011, and the content thereof are as follows. The Defendant kept 300,000 share certificates from G as regularly taken over on August 17, 201, and the Defendant kept KRW KRW 100,000,000 as an investment key to G. The amount of the said investment is that if the Defendant arbitrarily disposes of the said share certificates, G does not raise any objection even if the Defendant arbitrarily disposes of the said share certificates, and the Defendant and G pay the remainder of the loss after deducting the Defendant’s KRW 100,000,000 from the amount of the investment.

In addition, 300,00 shares in custody should be returned immediately after settlement.

The settlement period shall be until November 15, 201.

2) On August 17, 2011, Nonparty C prepared a “certificate of custody” with the Plaintiff, which read “300,000 shares of D Shares”.

3) On August 17, 2011, the Defendant deposited KRW 220,726,869 in the modern securities account (F) under the name of Nonparty E, and accordingly, there was a balance of KRW 921,171,915 in the said account under the name of Nonparty E. C. On December 29, 2011, the Defendant returned the proceeds from stock investment and the proceeds from stock investment to Nonparty G on December 29, 2011, and the Defendant returned KRW 11,300,000 and KRW 300,000 shares of D shares, which were kept by the Defendant on the same day. Nonparty G confirmed that on the same day, the Defendant was returned to Nonparty G on December 29, 2011.

2.3.2

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