(영문) 서울중앙지방법원 2018.09.18 2018나21820

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(영문) 서울중앙지방법원 2018.09.18 2018나21820

손해배상(기)

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1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The F Co., Ltd. (hereinafter “F”) was incorporated on May 21, 2008 for the purpose of entertainment tavern business, and was dissolved on February 7, 2013 and December 1, 2015 pursuant to Article 520-2(1) of the Commercial Act.

B. The Defendant owned the shares of the non-party company in the name of a tea, and operated multiple entertainment bars, such as “E” and “K,” in addition to running the said company’s entertainment tavern (hereinafter “instant business”).

C. From 1999 to 2010, the Plaintiff worked at a entertainment establishment operated by the Defendant, such as “H” and “K,” and the Plaintiff requested that the Defendant would participate in any of the shares among the entertainment establishments operated by the Defendant during the Do and transferred the amount of KRW 150 million (hereinafter “instant investment”) to the Defendant on September 28, 2007 with the Defendant’s consent.

【Recognition of Fact-finding】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 5, and the purport of the whole pleading

2. The grounds for the claim and the judgment thereof

A. 1) The plaintiff's argument that the plaintiff's claim for damages based on a tort means that "the plaintiff would give 150 million won to the non-party company's share," and the plaintiff paid the investment amount of this case to the plaintiff. However, the defendant did not give to the plaintiff the share of the non-party company even after receiving money. This is the defendant's deception by deceiving the plaintiff, and thus, the defendant is responsible for compensating for 150 million won as damages. 2) The plaintiff asserts that the plaintiff was not registered in the register of shareholders of the non-party company, on the ground that it is the fact that the plaintiff is not registered in the register of shareholders of the non-party company.

According to the purport of Gap evidence Nos. 4 through 8 and all pleadings, the defendant received KRW 150 million for the plaintiff's participation in the share, but it can be acknowledged that the plaintiff was not registered in the register of shareholders of the non-party company. The defendant's written brief dated May 31, 2018, and "the defendant's shares of the non-party company."

참조조문

-상법 제520조의2 제1항

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