(영문) 수원지방법원성남지원 2015.04.28 2014가단30734

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(영문) 수원지방법원성남지원 2015.04.28 2014가단30734

손해배상(기)

Text

1. The plaintiff's respective claims are dismissed.

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

Reasons

1. Basic facts

A. On March 6, 2008, the Plaintiff decided to acquire 32,500 shares out of 600,000 shares of the non-party company through the Defendant, who was holding the position of joint representative director of the non-party company C (hereinafter “non-party company”) on March 6, 200, and deposited 9,7250,000 won in the account under the name of the Defendant.

B. On March 6, 2008, the defendant signed the defendant's signature in Chapter 8 of the certificate of stock custody in the name of the non-party company to the plaintiff.

C. The Plaintiff was not registered as a transferee in the register of shareholders of the Nonparty Company.

[Ground of recognition] Facts without dispute, Gap 2, 4, and 5 evidence, fact-finding results with respect to the head of the Geumcheon District Tax Office of this Court, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion made on March 6, 2008 that the plaintiff entered into a contract with the defendant, who is a co-representative of the non-party company, to take over the shares of the non-party company, and paid the price to the defendant, but the defendant did not have been registered as a co-representative of the non-party company, and the plaintiff did not enter the plaintiff

Ultimately, the above share acquisition contract should be cancelled by deception of the defendant, or should be cancelled on the ground of the defendant's default of obligation.

Therefore, the defendant is obligated to return the above share acquisition price to the plaintiff 9,7250,000 won.

B. First of all, we examine the defendant's deception of the plaintiff.

According to the statement of evidence No. 1, it is recognized that the defendant was not registered as a joint representative director of the non-party company at the time of March 6, 2008.

However, according to the evidence Nos. 2 and 1 through 3, the defendant can find the fact that he entered into a business agreement with the non-party company and was appointed as a joint representative director on February 2, 2008. Thus, it is difficult to see that the defendant deceivings the plaintiff solely based on the facts acknowledged earlier, and it is otherwise recognized.

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