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(영문) 서울고등법원 2017.04.18 2016나2071950

합의금등

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is by the main text of Article 420 of the Civil Procedure Act.

2. Parts III through III of the judgment of the court of first instance are as follows.

B. The Defendant Company filed an application for corporate rehabilitation with the Seoul Central District Court (2013 Gohap79) on April 22, 2013 due to the financial difficulties caused by contingent guaranteed liabilities, the decrease in sales caused by economic deterioration, and the increase in financial expenses incurred by excessive debts while running the manufacture and sales business of various kinds of paints as its main business, which was established on March 10, 1960, and was ordered to commence rehabilitation by the said court on May 15, 2013.

C. As G was selected as a priority negotiation subject in accordance with the M&A decision prior to the authorization of the above court during the rehabilitation period of the Defendant Company, the Defendant Company entered into this Agreement with G on December 16, 2013, subject to permission of the court, and on January 17, 2014, G paid the acquisition price in full, thereby completing the rehabilitation procedure of the Defendant Company on April 29, 2014, subject to the authorization of the above court.

G on January 26, 2014, the Defendant Company paid 500 won per share to KRW 24 million per share and secured 93.3% of the Defendant Company’s shares. On December 26, 2014, G sold KRW 1,500 per share out of the shares owned between December 2014 to March 2015, KRW 15 million per share.

E. Meanwhile, around September 22, 2014, Defendant C, the president of the company, delegated all of the powers regarding collective bargaining with the Plaintiff’s union.

Part 3 of the judgment of the court of first instance is "C." and the part 4 of the judgment of the court of first instance is "C." and "D." respectively.

From 4th to 6th of the decision of the first instance court, the fourth to 7th of the decision are as follows.

A. Claim Nos. 3, 4, and 2 through 7 against the Defendant Company, and the personal examination result and the purport of the entire pleadings against the Defendant Company A.