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(영문) 서울고등법원 2017.03.17 2016나2019983
손해배상(기)
Text

1. Upon the claim that the court changed the exchange in this court, the defendant shall pay 98,142,000 won to the plaintiff and this.

Reasons

1. Facts of recognition;

A. Around July 201, C entered into a sales contract with D Co., Ltd. (hereinafter “D”) with the content that D Co., Ltd. (hereinafter “D”) purchases shares 178,200 shares (81%) issued by E Co., Ltd. (hereinafter “E”) at KRW 2,974 per share by setting the number of shares issued by D as KRW 178,200 per share.

D On July 31, 2011, 201, D issued a certificate of stock transfer to the defendant, who is a convict of C, 89,100 shares of the above shares (40.5%) at KRW 2,974 per share.

B. On October 12, 201, the Defendant prepared a certificate of stock transfer (hereinafter “instant certificate”) stating that the Plaintiff will transfer 3,000 shares issued by the Defendant E (hereinafter “instant shares”) to the Plaintiff at KRW 2,974 per share of the shares issued by the Defendant.

Since then, the transfer of holders to the shares of this case was completed in the future of the plaintiff.

C. The F, an employee of C, prepared a certificate of stock transfer that “the Plaintiff transfers the instant shares to H on October 5, 2012,” and issued it to H, according to the direction of C and the Defendant.

However, C or the Defendant did not allow the Plaintiff to transfer the instant shares or notify the fact, and F arbitrarily created the Plaintiff’s seal and affixed the Plaintiff’s seal on the certificate of transfer of shares.

E, C, B, and H entered into a contract with J Co., Ltd. on October 19, 2012 with respect to the transfer of E shares, including the instant shares, of KRW 178,200 (81%) and corporations, business entities, goodwill, etc. to J Co., Ltd. in KRW 1.1 billion.

H on November 1, 2012, issued to K a certificate of stock transfer to the effect that the shares of this case are to be transferred to K as KRW 2,974 per share.

[Ground of recognition] Facts without dispute, Gap 1, 2, 8 evidence, Eul 1 through 4, 12, 13 evidence (including branch numbers; hereinafter the same shall apply), part of testimony of witness F of the first instance court and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is without permission of the plaintiff.

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