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(영문) 인천지방법원 2017.08.23 2016가단243336
주식인도청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion: (a) prepared to establish the Defendant Company on January 2016, the Plaintiff borrowed KRW 100 million from Defendant B through his father, through Defendant B’s corporate establishment funds, etc.; and (b) secured 30% of the shares of the Defendant Company, 21% in the name of Defendant B, and 21% in the name of Defendant C, the children of Defendant B.

The plaintiff is expected to repay the above borrowed money immediately, and the defendant B expresses his intention not to return the borrowed money even if he is paid the borrowed money. Therefore, this decision is sought as stated in the purport of the claim.

2. According to the evidence Nos. 1 and 3 of the judgment, it is recognized that Defendant C’s mother-friendly F transferred KRW 100 million to G, the representative director of the Defendant Company and the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s establishment and operation funds

However, as alleged by the Plaintiff, the above KRW 100 million was borrowed from Defendant B while the Plaintiff established the Defendant Company, and whether the shares held by Defendant B and C were offered as collateral, the evidence alone submitted by the Plaintiff is insufficient to acknowledge it, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's claim cannot be accepted without further review.

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