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(영문) 제주지방법원 2017.06.28 2016나5672
주식반환
Text

1. The plaintiff's appeal and the main claim that changed in exchange in the trial are all dismissed.

2. Appeal;

Reasons

1. In the first instance trial, the Plaintiff primarily claimed a claim for the return of the shares listed in the separate sheet (hereinafter “the shares of this case”) against Defendant B, and the Defendants as the conjunctives claimed for the payment of the amount of KRW 45 million per annum and damages for delay. The independent party intervenor sought the confirmation of ownership of the shares of this case against the Plaintiff and Defendant B.

Accordingly, the court of first instance dismissed the plaintiff's primary claim, and partly accepted the plaintiff's conjunctive claim against the defendant B, and dismissed all of the plaintiff's conjunctive claim against the defendant C and the claim against the defendant C (hereinafter "the defendant company"), and accepted the independent party's claim by the independent party's intervenor.

As to the above judgment, only the plaintiff appealed, and changed the main claim to exchange it with the claim for confirmation of ownership of the shares of this case, and changed the conjunctive claim against the defendant B from the court of first instance to the same contents as the conjunctive claim cited against the defendant B, the subject of the judgment of this case is the primary part of the plaintiff's claim for confirmation of ownership of the shares of this case against the defendants of this case, and the claim for confirmation of ownership of the plaintiff's shares of this case against the defendant company of this case, and the claim for confirmation of ownership against the plaintiff of independent party.

2. The reasoning for the court’s explanation in this part is as follows: “B” is the same as the part of Paragraph 1 of Article 420 of the Civil Procedure Act inasmuch as “B” used the shares of this case as “the shares of this case,” among three pages 10-11 of the judgment of the court of first instance. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Summary of the parties' arguments

A. Defendant B did not pay to the Plaintiff KRW 45 million out of the transfer price of the instant shares to the Plaintiff. Defendant B did not pay the Plaintiff KRW 50 million.

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