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(영문) 대전고등법원 2016.10.07 2016나10313

주주권 부존재 확인

Text

1. All the Defendant (Counterclaim Plaintiff)’s counterclaims added to the Defendant (Counterclaim Plaintiff)’s appeal and the trial.

Reasons

1. The reasoning for the court’s explanation of this case is as follows, and the reasoning for the first instance court’s ruling is the same as that for the first instance court’s ruling, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From 3th of the judgment of the first instance court to 13th of the same face "one stock" in the third part of the judgment of the first instance court is as follows.

Each share sales contract for each of the terms of sale (hereinafter “instant share sales contract”), and “the instant share sales contract”

(1) The Plaintiff and the Defendants conflict with respect to the sales price per share.

A) The main contents of the instant sales contract are as follows: (a) from 5th judgment of the first instance court to 20th judgment; and (b) from 9th judgment of the first instance court to 20th judgment.

(1) On May 14, 2015, the Plaintiff deposited KRW 123,90,000 to Defendant D’s account on May 27, 2015, and deposited KRW 100,000 to Defendant B’s account on May 15, 2015, respectively. Defendant D deposited KRW 123,900,90,000 to the Plaintiff’s account on May 15, 2015, and KRW 123,90,00,000 to the Plaintiff’s account on May 15, 2015, and KRW 160,000 to the Plaintiff’s account on June 18, 2015, Plaintiff C and D as the Defendant’s deposit account on June 10, 2015, and KRW 160 to the Plaintiff’s account.