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(영문) 대전고등법원(청주) 2016.03.22 2015나428

원상회복

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. As to the instant case, the reasoning of this court is as follows: (a) the “stocks created” of the first instance judgment No. 4 is deemed as the “stocks issued”; (b) the “party” of the fifth and seventh acts as the “party concerned”; and (c) the “party concerned” of the seventh and sixth acts as the “party concerned”; and (d) the “Defendant did not claim damages against the Plaintiffs” of the first instance judgment, and (e) the “Defendant did not claim damages against the Plaintiffs” of the first instance judgment as stated in the part of the first instance judgment, other than adding the contents specified in paragraph (2) below to the contents specified in the second instance judgment, and thus, it is acceptable as it is in accordance with the main sentence of Article 4

2. The additional part of the instant gold agreement is merely a part of the Plaintiff’s debt, and it does not impose any obligation on the Plaintiff. Accordingly, even if the Plaintiff or G violated the instant gold agreement, it is difficult to view that G directly affects G to transfer D’s shares, management rights, etc., and in light of the circumstance and contents of the instant transfer agreement and the agreement on the cancellation of the instant exchange agreement, it appears that G’s acceptance of D from the Defendant was an appropriate method for resolving the respective contractual relationship between the Plaintiff, the Defendant, and the Plaintiff, and the Plaintiff, and there is no special circumstance to determine whether the Plaintiff’s consent to the said acceptance agreement was fulfilled.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.