주식대금 청구
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for cases where the judgment was accepted as follows, and thus, it is accepted in accordance with the main sentence of Article 420
【Supplementary part of the judgment of the court of first instance” No. 11 of the 3rd part of the judgment of the court of first instance shall be subject to the part “92,219,991 won appraised by the appraiser” with “92,219,991 won appraised by the appraiser.”
The 4th to 5th of the first instance court's 18th of the first instance court's 15th of the 5th of the 5th of the 5th shall be
[1] The Commercial Act (wholly amended by Act No. 10600, Apr. 14, 2011) prohibits the acquisition of treasury stocks in principle, and permits the acquisition of treasury stocks only for specific purposes, such as retirement of stocks, merger or acquisition of an entire business, disposal of split-off, exercise of appraisal rights, granting of stock options, and granting of stock options. The precedent also took the position that an agreement to acquire or acquire treasury stocks is null and void (see, e.g., Supreme Court Decisions 2001Da44109, May 16, 2003; 2005Da75729, Oct. 12, 2006). Accordingly, the amended Commercial Act permits the acquisition of treasury stocks within the scope of profits available for dividends as follows.
Provided, That the total amount of acquisition shall not exceed the amount obtained by subtracting the amounts under subparagraphs of Article 462 (1) from the net assets value on the balance sheet of the immediately preceding settlement term.
1. In cases of stocks having exchange quotation, the method of acquisition at the exchange;
2. Shares of different shareholders, other than those of different classes concerning the redemption of shares under paragraph (1) of Article 345.