부당이득금
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. Purchase claim and stock purchase price determination (1) The plaintiffs were shareholders of the Korea Cable Telecommunication Co., Ltd. (hereinafter referred to as the “Nonindicted Co., Ltd.”). On May 16, 2001, the plaintiffs opposed to the merger of the LAB and the LAB, against the merger of the LAB Co., Ltd., the non-party company requested purchase of shares pursuant to Article 522-3 of the Commercial Act
(2) After exercising the purchase right of shares, the Plaintiffs filed an application with the court for determining the purchase price with the non-party company for the non-party company’s purchase price. On January 18, 2008, the court determined the purchase price per share of shares of the non-party company as KRW 22,025 (Seoul High Court 2006Ra1783). The above decision was finalized on May 26, 2008.
B. On June 19, 2008, the plaintiffs filed a lawsuit claiming the payment of stock purchase price, stock price, and damages for delay (1) against the company in charge of the settlement of a share purchase price determined by the above decision, and against the company in charge of the settlement of a share purchase price and the company in charge of the settlement of a common information and communications that merged with a foreign company (the company in charge of the merger with a foreign company) and damages for delay from July 17, 2001 (the expiration of two months from the date of the date of the purchase of shares).
(Seoul Western District Court 2008Gahap7840. (2) On December 29, 2008, the first instance court ordered the payment of share purchase price and damages for delay as determined by the above decision among the plaintiffs' claims on December 29, 2008 (the day following the day on which the stock purchase price decision case becomes final and conclusive) on May 27, 2008, and ordered the dismissal of the rest of the plaintiffs' claims.
(3) The plaintiffs appealed against the above judgment of the first instance (Seoul High Court 2009Na13851), and the above appellate court changed the judgment of the first instance on August 21, 2009 and rendered a judgment to fully accept the plaintiffs' claims.
(4) The Plaintiff filed an appeal against the said appellate judgment (Supreme Court Decision 2009Da72667), and the Supreme Court dismissed the appeal on April 28, 201.
(5) The Plaintiffs, in 2009.