주식거래무효확인
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 on this part is that “the plaintiff acquired 10,236 shares of the common shares of the defendant company on November 16, 2009, and acquired 3,417 shares of the defendant company on August 26, 2010,” as stated in the corresponding part of the judgment of the court of first instance, except for the reason for the court’s explanation on this part, as stated in the main sentence of Article 420 of the Civil Procedure Act.”
2. The grounds for the court’s explanation concerning the defense prior to the merits are as stated in the corresponding part of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Judgment on the merits
A. The Plaintiff’s assertion 1) The reasoning for this part of the Plaintiff’s assertion is as stated in the corresponding part of the judgment of the first instance court, and therefore, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. 2) The Defendant Company’s assertion by the Defendants: (a) purchased the instant shares to retire the instant shares; (b) sold the instant shares instead of the instant shares for the sake of protecting the creditors of the Defendant Company, stable operation, etc.; (c) upon the resolution of the board of directors for the sale of the instant shares on May 21, 2009; and (d) Defendant C and D prepared the acquisition price by receiving financial support from the Defendant Company with the Defendant Company, and thus, it is difficult to conclude that the acquisition of the shares was made by the Defendant Company’s contribution. Therefore, since there is no agreement between the Defendant Company and the Defendant C, and D on the reversion of profits and losses
B. Article 341 of the former Commercial Act (amended by Act No. 10600, Apr. 14, 2011) provides that a company shall not acquire its own shares on its own account, except for cases where it is intended to retire shares, etc.