주식 매매대금 청구의 소
All appeals are dismissed.
Costs of appeal shall be borne by each party.
The grounds of appeal are examined.
1. As to the Defendant’s grounds of appeal, the lower court determined that the Defendant is obligated to pay the purchase price of shares to the Plaintiff, on the ground that the Plaintiff’s exercise of appraisal right under the instant underwriting agreement is deemed to have been formed
C Co., Ltd. transferred all services related to the instant business to F on the ground of nonperformance of obligation under the instant business partnership agreement, thereby making it virtually impossible to promote the said business, which constitutes grounds for the Plaintiff’s appraisal right under the instant underwriting agreement.
Furthermore, the lower court, on the grounds indicated in its reasoning, should be the largest shareholder of C at the time the Defendant’s following assertion, namely, the Defendant’s claim
or C rejected the Defendant’s assertion that the transfer of technology related to the instant project was not attributable to the Defendant.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the interpretation of juristic acts, contrary to what is alleged in
2. As to the Plaintiff’s grounds of appeal, the lower court presumed that the purchase price under the instant underwriting agreement has the substance of the agreement on penalty, and thus, presumed the liquidated damages, based on the reasoning that the estimated amount is unreasonable, reduced ex officio.
The judgment below
Examining the reasoning in light of the relevant legal principles, the lower court did not err by misapprehending the legal doctrine regarding the interpretation of disposal documents, penalty, and liquidated damages, or by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.
3. The appeal is dismissed in entirety, and the costs of appeal are assessed against each party.