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(영문) 대구지방법원 2015.05.15 2014가단30329
부당이득금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of dispute;

A. On May 2012, the Plaintiff was entrusted by C Co., Ltd. (hereinafter “instant company”) with the sale of KRW 80,000 (hereinafter “instant shares”) of the instant company’s non-listed shares.

The company of this case was scheduled to be listed on the KOSDAQ as soon as the company of this case is expected to be listed on the KOSDAQ, and when listed on the KOSDAQ, 100% of the capital increase without compensation.

B. On May 2012, the Plaintiff entered into a sales contract with the Defendant to sell the instant shares in KRW 2,000 per share, received the payment of KRW 160,000 from the D’s account designated by the company-related person. The Defendant’s account to KRW 70,00,000, and the sales contract of the instant shares to KRW 10,000 to E’s account designated by the Defendant was implemented by means of account transfer, not by the form of issuance of share certificates.

In consideration of these characteristics, I express that the transfer of shares is rather than the expression of delivery of share certificates.

Note 30

As to the 10,00 shares transferred by E, a separate share sales contract was concluded between the Plaintiff and E.

It is more reasonable to deem that the Defendant, rather than the Defendant, bears the purchase fund between the Defendant and the Defendant with respect to 10,000 shares, or purchased only 10,00 shares from the Defendant.

C. The Plaintiff received 40,000 shares from the instant company as consideration for the said shares consignment sale.

Around March 2013, the Defendant attended the general meeting of shareholders of the instant company and told that there was no listing plan for the said company from the relevant parties. At that time, the Plaintiff became aware of the fact that the Plaintiff received 40,000 shares from the instant company in return for selling its shares.

Accordingly, the defendant asserted that he belongs to the plaintiff and sold the shares of this case at a high price.

[Grounds for Recognition] Unsatisfy, Gap evidence 1-12, witness F's testimony, part of the plaintiff's questioning results, the purport of the whole pleadings

2. Assertion and determination

(a)the cause of the claim;

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