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(영문) 대전고등법원 2018.11.08 2018나11587
회사에 관한 소송
Text

1. All appeals filed by the plaintiffs and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

The grounds for appeal by the plaintiffs and the defendants in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if each evidence submitted to the court of first instance is presented to this court, it is correct to recognize and determine the facts in the judgment of the court of first instance.

Therefore, the reasoning of this court is as follows, except for the addition of the following “2. Additional Judgment” as to the assertion that the Defendants emphasized or added in this court, and thus, citing the reasoning of the first instance judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The term "Defendant F" shall be changed to "Co-Defendant F of the first instance trial".

at the bottom of 7 up to 4,5 the following shall be added:

The co-defendant F of the first instance trial appealed on the judgment of the first instance, and submitted a written withdrawal of appeal stating that “the Plaintiff shall return the shares held by the deceased H to the Plaintiff,” on August 16, 2018, the Plaintiff submitted the written withdrawal of appeal that “The Plaintiff shall withdraw the instant appeal.” As follows, Articles 47 and 3 of the Articles of association of the Defendant cooperative foundation and the provision on the payment of bereaved family’s compensation to executives and employees may be arbitrarily determined as to whether the Defendant cooperative corporation is liable to compensate for the bereaved family members.

Furthermore, the entries of evidence No. 14-2 (Minutes) are insufficient to recognize that the defendant partnership corporation agreed to pay compensation for the bereaved family to the deceased’s heir upon the death of the deceased, notwithstanding each of the above provisions, and there is no evidence to acknowledge otherwise.

Therefore, it is difficult to view that the defendant partnership corporation has a legal obligation to pay the compensation for the officers to the plaintiffs.

If each contribution share in Defendant E, G, and Co-Defendant F in the first instance court’s co-defendant’s name was nominal by the Deceased with respect to the existence of a title trust, the Deceased violated the provisions on the maintenance of at least five members as prescribed by the Act on Fostering and Supporting Agricultural and Fisheries Enterprises.

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