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Defendant B, Inc.
A. 84,701,700 won shall be paid from the Plaintiff and at the same time, the attached list shall be stated in the Plaintiff.
Reasons
1. Basic facts
A. Defendant Company is a company established for the purpose of management consulting business, online information providing business, etc., and Defendant C is the representative of Defendant Company.
B. On September 10, 2019, the Plaintiff entered into a fund management agreement with the Defendant Company to transfer KRW 9,000 of the shares issued by D Co., Ltd. (hereinafter “instant shares”) to the Plaintiff at KRW 45,000,000 (hereinafter “instant contract”) and paid KRW 45,000,000 to the Defendant Company, as indicated in the separate sheet with the Defendant Company, while receiving advice on investment in the shares by Defendant C through the Kakao Stockholm Section room.
(c)
On November 29, 2019, Defendant Company deposited KRW 45,000,00 in the Plaintiff’s account without the Plaintiff’s consent in order to return the said transfer proceeds.
(d)
D Co., Ltd., on June 30, 2020, increased its capital without compensation for allocating new shares of two common shares per share of the instant shares.
E. Meanwhile, as of December 16, 2019, the date of the transfer of stocks under the instant contract, the market price of the instant stocks at the time of December 16, 2019 is KRW 53,200 per share, and the market price of the instant stocks at the time of December 11, 2020, which is the date of the closing of pleadings, is KRW 16,050 per share.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 10 (including Serial number), the purport of the whole pleadings
2. Determination
A. 1) Determination as to the claim against the Defendant Company: (a) an investment management agreement (No. 2-1) drafted regarding the instant contract constitutes a disposal document; (b) the content of the agreement, unlike the name, is to transfer KRW 45,000 of the instant shares to the Plaintiff on December 16, 2019; (c) the fact that the Defendant Company increased its capital without compensation for allocating new shares of two common shares per share prior to the closing date of the pleading of the instant case (i.e., the stock price falls below 1/3); and (d) on the other hand, the Defendant Company was prepared on December 8, 2020.