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(영문) 서울고등법원 2016.07.15 2014나59196
손해배상(기) 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

The defendant.

Reasons

1. The reasons for the judgment on this part of the facts admitted are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the

2. Judgment on the claim for confirmation of ownership of share

A. Plaintiff A’s assertion 1) With respect to G Corporation, around June 13, 2008, Plaintiff A paid USD 300,000 to the Defendant, and established G Corporation. Of the above money, 75% was under the name of Plaintiff A, and 25% was ordered to pay in the name of the Defendant. Unlike Plaintiff A’s instruction, the Defendant paid USD 29,940,000, which was received from Plaintiff A, under the name of Plaintiff B, KRW 212,500, which was acquired by the Defendant, but the said shares acquired by the Defendant on the shares of G Corporation were merely the trust of the Defendant by Plaintiff A. The said shares acquired by the Defendant on the shares of G Corporation are the title trustee of Plaintiff A. However, around September 27, 2008, the Defendant requested Plaintiff B to affix a false statement on the Plaintiff’s preemptive right to new shares, and the Defendant actively transferred the Plaintiff’s shares to Plaintiff B or transferred the shares to the Defendant without the consent of the title truster B’s 75% shares.

In September 2008, the defendant notified the J company of the transfer contract on May 30, 2008 and purchased 45% of the shares of the E company from the J company in return for the termination of the agreement.

The defendant agreed that the G Corporation shall return from the E Corporation to its original state upon termination of agreement, and that the defendant shall receive from the J Company.

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