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(영문) 서울동부지방법원 2016.07.06 2015가단100755
양수금
Text

1. The Defendant (Appointed Party) and the Appointed C shall jointly and severally serve as KRW 30,000,000 on the Plaintiff.

Reasons

1. Basic facts

A. A. Around December 2009, Defendant (Appointed Party) introduced D to D, the vice president of E Co., Ltd. (hereinafter “Non-Party Company”), and the Appointor C recommended D to purchase shares while gaining a big profit if the non-party company purchases shares to be issued by the non-party company.

B. Accordingly, on December 16, 2009, D purchased 6,000 shares of the non-party company at KRW 30,000,000 and received a share swap certificate issued by the non-party company. According to this, the non-party company issued to D a registered common share share certificate with the face value of KRW 500 per share.

C. On December 16, 2009, the designated parties C and the Defendant (Appointeds C and the Defendant (Appointeds) (hereinafter collectively referred to as the Defendant, etc.) agreed on December 16, 2009 that they will be responsible for guaranteeing the principal of the purchase price of the shares if any problem arises with respect to the purchase of the shares (hereinafter referred to as the instant agreement).

After that, the non-party company was insolvent, and D suffered damages equivalent to the purchase price of the shares.

E. Around November 27, 2014, D transferred to the Plaintiff the right to claim return of the purchase price of stocks held by D against the Defendant, etc. in accordance with the instant agreement, and notified the Defendant, etc. of the assignment of the said shares at that time.

【Nos. 1 and 2, and 3-1 through 3 of the evidence Nos. 1 and 3-3 [Defendant (Appointed Party) denies the authenticity of the evidence Nos. 2 (written confirmation). However, the following circumstances, which are acknowledged by considering the overall purport of the entries and arguments of the evidence Nos. 4-1, 2, and 5 of the evidence Nos. 4-1, 5, are written in the name of C and F, and the title Nos. 2 is written in the name of C and C, and the name of “The Vice President C of the Bank of Korea” is printed, and the name of the appointed Party C is affixed with the seal of the name of the appointed Party C, and the resident registration number and address of the appointed Party C are written in written form in hand, and the name of F is written in the name of the Defendant (the name of the appointed Party and the G Apartment apartment 104 Dong

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