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(영문) 서울중앙지방법원 2017.10.16 2016가단5105469
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 8, 2011, Plaintiff A remitted KRW 10,000,00 to the Plaintiff’s account, and Plaintiff B remitted the said money to a securities account in the name of the Defendant established by the Defendant to engage in stock transaction on the same day.

B. On August 11, 201, the Defendant purchased one of the shares equivalent to KRW 23,817,400, and sold part of the shares on August 12, 201, and transferred KRW 1,300,000 to the Plaintiff’s account on August 14, 2011.

C. On August 22, 2011, Plaintiff B remitted KRW 20,000,00 to the Defendant’s securities account, and the Defendant purchased all shares of KRW 49,968,00 by means of self-financing on August 24, 201 and 25.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted that all of the Plaintiffs were aware that the share price would rise due to their investment, and sought the Defendant’s information on share investment.

The defendant concluded a contract with the plaintiffs that he would purchase stocks when he transfers the stock investment price to him.

Since the defendant purchased one-way shares in violation of the above contract, which was remitted by the plaintiff A, the above plaintiff should cancel the above contract and claim the return of the said money to its original state.

The defendant purchased shares by using 20,000,000 won, which was remitted by the plaintiff Eul, for the purpose of the defendant's interest, which is not implemented according to the above contract with the above plaintiff. Thus, the plaintiff Eul cancelled the contract due to the non-performance of obligation and sought the return of the above KRW 20,000,000 to its original state.

Even if the Defendant did not violate the contract

Even if the defendant agreed to pay the profits and the profits from the market price through the transaction of all stocks, the defendant shall pay the price for the sale of all stocks to the plaintiffs.

B. The defendant's assertion A.

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