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(영문) 대구지방법원 2016.12.22 2016가합200495
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. At the end of 2004, the Plaintiff related to the parties was aware of the introduction of the Defendant B, who served as an insurance solicitor in the Mart Life Insurance Co., Ltd. from H, the motive of the G University Dental University Dental University.

Since then, the Plaintiff purchased each of the unlisted stocks held by Defendant C, D, E, and F through the brokerage of Defendant B as follows.

B. On July 13, 2009, the Plaintiff Company I (hereinafter “I”) purchased 5,000 common shares Co., Ltd. as of July 13, 2009, following the Plaintiff’s purchase of each unlisted stock.

(1) On July 10, 2009, the Plaintiff transferred KRW 60,000,000 to Defendant C’s agricultural bank account, and KRW 10,000,000 to Defendant B’s new bank account, respectively, under the name of Defendant B’s fee. Then, on July 13, 2009, the Plaintiff acquired shares of KRW 60,000,000 from Defendant C to acquire shares of KRW 12,00,00 per share (hereinafter “instant acquisition agreement”).

(2) On August 24, 2010, the Plaintiff agreed to purchase shares of the JJ Co., Ltd. (hereinafter “J”) as a broker of Defendant B and delegated Defendant B with the authority to purchase shares, etc. around August 2010.

On August 16, 2010, the Plaintiff remitted KRW 49,000,00 to Defendant D’s corporate bank account.

Then, on August 24, 2010, the Plaintiff entered into a contract for acquisition of shares with the purport that the Plaintiff will acquire KRW 49,000,000,000, calculated by Defendant D’s 10,000 per share as KRW 49,900 per share (hereinafter “instant acquisition agreement”) and purchased the said shares.

3) On November 4, 2010, the Plaintiff purchased K General Shares 800 Shares Co., Ltd., Ltd. around October 201, 2010, K Co., Ltd. (hereinafter “K”) as the broker of Defendant B around October 2010.

The government decided to purchase shares and delegated the right to purchase shares to Defendant B.

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