주식반환 등 청구의 소
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain in this decision are used in part of the reasoning of the judgment of the court of first instance as follows. In addition to the addition of the judgment of the plaintiff to "paragraph 3", the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
A. Article 10 subparag. 8 of the first instance judgment provides that “The 10th of the first instance judgment (“the 10th of the first instance judgment”) shall be deleted.” (B) The 14th of the 11th judgment “only the above-mentioned facts” shall be construed as “only taking into account the evidence submitted by the Plaintiff to this court, such as the above-mentioned facts and the statement of evidence No. 46, and the circumstances surrounding the assertion.” (c) The 16th of the first instance judgment provides that “Article 3(2) of the instant options contract” portion “Article 3(2) of the 16th of the 16th judgment shall be construed as “Article 3(2) of the instant options contract”. (d) The 18th of the 18th judgment through No. 217th of the 17th judgment, as follows. (2) The 2th of the first instance judgment shall be determined if the debtor clearly expresses his/her intent not to perform his/her obligation or not, even before the obligor clearly expressed his/her intent to perform his/her obligation.
(see, e.g., Supreme Court Decision 2005Da6337, Sept. 20, 2007). (b) Defendant B entered into a share acquisition agreement with L on December 14, 2010, which sells the entire amount of G shares of KRW 48,135,761 per share to L, and the transfer of the entire shares to L on February 16, 201 is recognized as above, and evidence No. 22 is proved.