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(영문) 서울남부지방법원 2018.09.20 2018가단1678
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company with capital of KRW 850 million (one share, KRW 500,000, and KRW 170,000) whose business purpose is to design, manufacture, install, maintain and manage small power generators and parts, and the Plaintiff is a person who transferred KRW 100,00 to D upon receiving a proposal from Nonparty D that “the purchase of shares of the Defendant Company” is as follows.

B. From October to November 201, 2016 to Nonparty E, F, etc., the Plaintiff was introduced a D having the name of “the vice-chairperson of the Defendant Company’s “the position of the vice-chairperson.” At the time D, “the outlook for the small number of power generation projects run by the Defendant Company is very good,” and recommended the Plaintiff to purchase the shares of the Defendant Company.

C. Upon D’s recommendation, the Plaintiff decided to purchase KRW 22,00,000 of the Defendant Company’s shares, and transferred a total of KRW 100 million to D over four occasions from December 17, 2016 to December 28, 2016.

On the other hand, D issued to the Plaintiff four share certificates (one thousand share certificates, two-one thousand share certificates, and two-one thousand share certificates) stated as issued by the Defendant Company.

However, the plaintiff did not issue the share certificates itself in the defendant company, and the plaintiff's share certificates delivered from D came to know that D was issued by forging the name of the defendant company.

Accordingly, on August 31, 2017, the Plaintiff filed an application with Nonparty D for a payment order claiming payment of loans from the Daejeon District Court of Hongsung Branch 2017 tea251, and received an order from the above court to pay “D shall pay to the Plaintiff the amount of KRW 100 million per annum from December 17, 2016 to September 4, 2017, 5% per annum from the next day to the day of full payment, and 15% per annum from the next day to the day of full payment.”

(The above payment order was finalized on September 19, 2017). E.

The plaintiff shall make a claim based on the original copy of the above payment order as an execution bond, and the debtor D shall deposit (storage) with the defendant against the third debtor, whichever is 105,129.

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