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(영문) 대구지방법원김천지원 2020.11.25 2019가단37331
투자금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the overall purport of the arguments in the statements in Gap evidence 1-1, 2, 3, 4, 5, 6, 2-2, 1-1, 2, 3, 2-2, 3-1, 3-1, 2, and 3-1, 3-3.

The Plaintiff and the Defendant agreed to purchase shares in the Defendant’s name and sell shares in accordance with the Plaintiff’s request for sale. On July 25, 2016, upon the Plaintiff’s request for purchase of shares, the Plaintiff and the Defendant transferred KRW 4,500,000 to the securities account under the Defendant’s name (hereinafter “instant securities account”).

B. On July 27, 2016, the Defendant purchased 200 shares C (4,550,000 won per share = 22,750 won per share x 200 shares) via the instant securities account.

C. On November 21, 2017, the Plaintiff remitted KRW 10,000,00 to the instant securities account. On November 24, 2017, the Plaintiff remitted KRW 1,000,000 additionally. On November 21, 2017, the Defendant purchased 500 shares of C ( KRW 19,50,000 = 39,000 per share x 500 shares) via the instant securities account under the Defendant’s name (hereinafter “instant account”). On November 23, 2017, the Plaintiff purchased 1,00 shares ( KRW 11,00,000 per share = 11,000 per share x 11,000 shares x 1,000 shares).

On January 29, 2018, the Defendant sold KRW 7,200,000 per share to KRW 7,200 per share through the instant account. On January 30, 2018, the Defendant sold KRW 460 per share to KRW 48,600 per share via the instant securities account. On the same day, the Plaintiff received KRW 20,00,000 from the Plaintiff to the G account in the name of the Defendant.

E. On January 30, 2018, the Defendant purchased 650 shares of H (6,760,000 won per share = 10,400 won per share x 650 shares) through the instant account. On January 31, 2018, the Defendant purchased 2,850 shares of H via the instant account (30,067,50 won per share x 2,850 shares) and on the same day.

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