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(영문) 서울중앙지방법원 2019.09.19 2018나72835
주금납입금 등
Text

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.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the following "2. Additional Judgment" as to the assertion that is dismissed or emphasized by the plaintiff in this court, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. Accordingly, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

Under the second sentence of the first instance judgment, the second sentence “ December 5, 2015” shall be deemed to be “ December 5, 2012.”

B. Article 321(1) of the Commercial Act of 10, the fourth and fourth written judgment of the court of first instance, is “Article 321(2) of the Commercial Act,” and under the same side, the Defendant J is said to be “Defendant C”.

C. The fifth written judgment of the court of first instance (“200 million won”) stated “10 million won” as “one hundred million won.”

The 6th page 3 of the first instance judgment "K" is "B," and the 8th page below is "Defendant B."

2. Additional determination

A. The plaintiff asserts that, following the first instance court, the court did not agree to arrange the provisional payment of the defendant B, and even if there was such a domestic agreement, the agreement between I and the defendants does not extinguish the defendant's responsibility for the plaintiff.

B. However, in full view of the following circumstances acknowledged by the first instance court, and recognized as follows: (a) evidence Nos. 12, 22-1, 10, 11, 12, and 14 of the evidence and the purport of the entire pleadings, the Defendants transferred management rights and shares of the Plaintiff Company to the Plaintiff without compensation by transferring the Plaintiff’s right to the patent of this case owned by the non-party company that was a major shareholder; (b) thereby, the agreement was reached between the parties to be exempted from liability to pay KRW 93,00,000 of the shares price of Defendant B, which was adjusted as the payment amount, and accordingly, it is reasonable to view that the Plaintiff exempted the Plaintiff from liability to pay the shares price of Defendant B.

① On December 5, 2012, Defendant B, along with Defendant C, established the Plaintiff, is the instant patent owned by the Nonparty Company.

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