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(영문) 서울서부지방법원 2016.11.03 2015가합39197
약정금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The facts under the basis of facts are either in dispute between the parties or in respect of Gap evidence 1 and Eul evidence 1 to 3, respectively, and may be admitted by taking into account the whole purport of the pleadings.

The defendant is the representative director of C who established the non-party C Co., Ltd. (hereinafter referred to as the "C") on September 22, 1993.

The plaintiff was registered as a shareholder of 2,000 shares on the register of shareholders at the time of incorporation of C, and since its capital increase on March 30, 1999, the plaintiff was registered as a shareholder of 6,000 shares (hereinafter “instant shares”).

B. The dividends of the instant shares have been received and managed by the Defendant by opening, receiving, and managing an account under the name of the Plaintiff. From 2004, the dividends of 5,500 shares out of the instant shares were deposited into the National Bank D Account under the name of the Plaintiff, and the dividends of 500 shares were deposited into the National Bank E Account under the name of the Plaintiff.

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion that the shares of this case are the Plaintiff’s shares that the Defendant donated to the Plaintiff should also belong to the Plaintiff.

However, there was an agreement between the Plaintiff and the Defendant that the Defendant shall receive and manage the dividend of the instant shares and pay the Plaintiff the dividend and profits therefrom, and accordingly, the Defendant currently holds the dividend of the instant shares and profits accrued therefrom.

Therefore, the defendant is obligated to pay to the plaintiff KRW 700 million as part of the above dividends and profits.

B. The defendant's assertion that the defendant paid the purchase price of the shares of this case and entrusted only the name to the plaintiff.

Therefore, the shares of this case are the shares of the defendant, and the dividends are reverted to the defendant, and there is no agreement to pay the dividends of this case and the profits accrued therefrom to the plaintiff.

However, from 204 to 2004, it was limited to the dividends of 500 share out of the shares of this case, so that they can be directly received and used by the Plaintiff.

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