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(영문) 대전고등법원 2015.04.16 2014나10746
주주명의변경 등
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3. Appeal.

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for changing the corresponding parts as follows. Thus, it shall be cited including the attached Form pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Parts changed;

A. Of the second part of the judgment of the court of first instance, “2. Claim related to title trust” as stated in Chapter 3 is replaced by “2. The primary claim”.

(b) Of the third part of the judgment of the court of first instance, the term “exploitation” in Part 5, “231,819,00” in Part 14, “231,818,000,” respectively, and the term “131,819,000,” in Part 15, “131,818,000,” shall be replaced “131,818,000,” respectively.

(c) Of the fourth part of the judgment of the court of first instance, the phrase “1 (the same as the evidence No. 1-2 of the same Act)” of the column No. 8 of the judgment of the court of first instance is replaced by the phrase “A evidence No. 1 (including additional numbers) and No. 5,” and the phrase “2 of the evidence No. 6-2 of the evidence No. 6-2 of the same Act” of Article 11 by the phrase “A evidence No. 6-2 and No. 10-1 of the evidence No. 10”.

Of the fifth text of the judgment of the first instance, the part of the first instance, “it is also difficult to easily understand that the Plaintiff holds or title trust the shares shares at a price lower than the decimal point,” is deleted, and the part of the first instance judgment, which reads the Plaintiff’s claim for this part of the Plaintiff’s claim to the Plaintiff’s primary claim to the effect of “the Plaintiff’s primary claim.”

E. The part from No. 14 to No. 6 of the first instance judgment is replaced by the following.

3. As to the conjunctive claim, the Defendant borrowed 255,00,000 won from the Plaintiff for the payment of the share price of the instant company that the Defendant acquired on or before June 2002, and 172,50,000 won for the payment of the provisional payment for the operating funds of the instant company on or before January 2004, without fixing the interest and the due date for payment; the Defendant borrowed 20,000,000 won from February 2004 to the Plaintiff on or after February 15, 2010; and the KRW 50,000,000,000 from March 15, 2010 to April 15, 2010.

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