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(영문) 서울고등법원 2016.06.09 2015나23675

기타(금전)

Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly share the Plaintiff with KRW 248,220,00, and their importance.

Reasons

1. Basic facts

A. The status of the parties and the relationship 1) Defendant K Co., Ltd. (U.D. L, which was an original stock company, was changed to D, April 13, 2010; B, May 23, 2012; and C, March 31, 2014;

"Defendant Company" in total before and after the change.

(2) G Co., Ltd. (former Co., Ltd. F was changed to G on March 30, 2012; hereinafter referred to as “G”) was established for the purpose of developing, manufacturing, and selling terminal and equipment connected to the wired and wireless telecommunications network, and registered as a stock-listed corporation to the KOSDAQ market on December 18, 2001.

3) H Co., Ltd. (hereinafter “H”)

(4) On January 6, 2012, the Plaintiff appears to have been holding 120,000 shares of the Defendant Company in the name of Escom Company Escom Company from the Defendant Company.

However, Article 341 (1) of the Commercial Act amended by Act No. 10600 of April 14, 201 provides that "a company may acquire its own shares on its own name and on its account according to the following methods: Provided, That the total amount of acquisition shall not exceed the amount computed by subtracting the amount under each subparagraph of Article 462 (1) from the net asset value on the balance sheet in the immediately preceding settlement term," and subparagraph 1 provides that "in the case of shares having market value from an exchange, the method of acquiring them on the exchange" and subparagraph 2 provides that "in the case of shares having market value, the method of acquiring them on the equal terms in proportion to the number of shares held by each shareholder, other than in the case of different classes of shares concerning redemption of shares under Article 345 (1)". Thus, according to Article 341