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(영문) 대구지방법원 2016.12.22 2015가합204773
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A. Around 2006, the Plaintiff related to the parties was aware of the fact that the Plaintiff was introducing the Defendant B, who had worked for Mart Life Insurance Co., Ltd. at the time from H, the ships of dental colleges at the Gyeongbuk University Dental University.

Since then, the Plaintiff purchased each unlisted stock held by Defendant C, D, E, F, and G through the brokerage of Defendant B as follows.

B. On July 13, 2009, the Plaintiff Company I (hereinafter “I”) purchased 5,000 common shares Co., Ltd. as of July 13, 2009, following the Plaintiff’s purchase of each unlisted stock.

(1) On July 9, 2009, the Plaintiff transferred KRW 60,000,000 to Defendant C’s agricultural bank account, and KRW 10,000,000 to Defendant B’s new bank account. Then, on July 13, 2009, the Plaintiff transferred KRW 12,000,000 to Defendant C’s 12,000,000 per share (hereinafter “instant acquisition of shares”) to Defendant C’s new bank account.

(2) On January 15, 2010, the Plaintiff agreed to purchase the shares of JJ Co., Ltd. (hereinafter “J”) as a broker of Defendant B and delegated Defendant B with the authority of purchase, etc. on September 2009.

On September 28, 2009, the Plaintiff transferred KRW 77,000,000 to the Agricultural Cooperative Account of Defendant C, and KRW 7,700,000 to the new bank account of Defendant G, under the fee of Defendant B, and around December 31, 2009, approximately three months passed, to the Agricultural Cooperative Account of Defendant C, KRW 23,400,000 as well as the new bank account of Defendant G, and KRW 2,340,00 as the fee of Defendant B.

Then, on January 15, 2010, the Plaintiff acquired each share of KRW 100,400,000 (=77,000,000) from Defendant C with the amount of KRW 3,900 per share calculated by the amount of KRW 100,40,000 per share (=7,000,000 KRW 23,40,000).

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