주식양수도 대금 등
1. Of the judgment of the court of first instance, the part against the defendant C and D shall be revoked, and the plaintiffs' claims against the defendant C and D shall be filed respectively.
1. The reasons for this part of the facts of recognition are as follows, in addition to the dismissal column of the fifth [based grounds for recognition] of the judgment of the court of first instance, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 42
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts as to the claim against Defendant B and E, Defendant B is the transferee of the instant share acquisition agreement as of February 9, 201, and Defendant E agreed to pay the share acquisition price by preparing and delivering the instant payment guarantee to the transferor’s agent on April 2, 2012. Thus, jointly and severally, Defendant B, who is the delivery date of a copy of each complaint from October 1, 2012 to February 21, 2013; and from February 20, 2013 to February 20, 2013 to the Defendant B, the delivery date of a copy of each complaint; and from February 20, 2013 to February 20, 2013, Defendant E is liable to pay damages at a rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. < Amended by Act No. 11395, Apr. 2, 2012>
B. As to the claim against Defendant C, Defendant C is obligated to pay the acquisition price to the Plaintiffs as the “actual transferee” of the instant shares, since Defendant B lent only the name of transferee, and O offered shares as a financial investor, and Defendant C acquired the instant shares and management rights to manage I and J as a strategic investor.
In this case, even if Defendant C acquired the shares, etc. of this case under the name of the owner of the defendant B as alleged above, the plaintiffs and the transferee under the agreement on the acquisition of shares of this case are the defendant B, as alleged by the plaintiffs.