손해배상(기)
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The reasons why the court has cited this part of the judgment of the court of first instance are as follows, and the reasons why the court has cited or added the following parts, and that part of the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for an additional determination under paragraph 2 as to matters alleged by the plaintiff in the trial
The "Defendant Incorporated Foundation" in the 9th judgment of the first instance court shall be applied to the "Defendant Incorporated Foundation" in the 9th judgment.
On the nineth judgment of the first instance court, the following shall be added:
“The transfer of all or part of the business which requires a special resolution of the general meeting of shareholders” under Article 374 Subparag. 1 of the Commercial Act means the transfer of the whole or essential part of the business which is organized and functioned as an organic whole for a certain business purpose. Even if the business of the company itself is disposal of non-business properties, such a special resolution is required in the disposal of the company's business properties. However, if the company has already discontinued or discontinued its business at the time of disposal of the business properties which are the basis of the existence of the company, it cannot be said that such disposal would result in the discontinuation or suspension of the whole or essential part of the business (see, e.g., Supreme Court Decision 9Da1605, Oct. 11, 196). Thus, it does not require a special resolution of the general meeting of shareholders (see, e.g., Supreme Court Decision 95Da16050, Oct. 14, 1996).