주식양도 등 청구의 소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning for the court’s explanation as to this case is as stated in the part of the judgment of the first instance, except for the addition of the judgment as stated in paragraph (2) with respect to the Defendants’ assertion in the court of first instance, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the
(The findings of fact and judgments of the first instance court shall not be different, even considering the allegations and evidence added at the trial. 2. Additional parts
A. The Defendants asserted that the Plaintiff’s share transfer agreement of this case was null and void by: (a) deceiving Defendant B to the effect that there is no problem with the Plaintiff’s share transfer; and (b) all responsibilities and obligations are to be borne by the Plaintiff; and (c) Defendant B expressed his intent to enter into the transfer agreement of this case; and (d) Defendant B revoked his declaration of intention by deception.
In this case, there is no evidence to prove that Defendant B had entered into the transfer agreement of this case by deceiving the Plaintiff from the Plaintiff. The above assertion by the Defendants on this premise is without merit.
B. The Defendants asserted that: (a) the Plaintiff’s husband F and Oral G embezzlement aggravated the Defendant Company’s financial capacity; (b) the Defendant B had a high possibility of performing the Defendant Company’s joint and several liability obligations with respect to the Defendant Company’s obligations; and (c) the circumstances at the time of drafting the instant promise were significantly changed; and (d) Defendant B rescinded the instant transfer agreement on this ground.
However, the so-called contract rescission due to the change of circumstances occurs due to a significant change of circumstances which the parties could not have predicted at the time of the formation of the contract, and the change of circumstances occurred due to a cause not attributable to the party who has acquired the right of rescission, and if the binding power under the terms of the contract is recognized, it is recognized as an exception to the principle of contract observance in cases where the result substantially