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(영문) 서울고등법원 2017.11.23 2017누63391
청산금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The reasons why the court of this case, which cited the judgment of the court of first instance, are the same as the part on the grounds of the judgment of the court of first instance, except for dismissal or addition as set forth in paragraph (2) below, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. The part which is dismissed or added, shall be referred to as “the plaintiff’s 6 October 6, 2014,” which is “the plaintiff’s 24 September 24, 2014.”

In the fourth 20th sentence of the first instance judgment, the phrase "a final and conclusive fact, and accordingly July 29, 2016," "a final and conclusive fact (Seoul Northern District Court 2014Gahap22448)" shall be deemed as " July 19, 2016."

The "Suspension of Execution of Duties" in the fourth 21st sentence of the judgment of the court of first instance is regarded as "Suspension of Execution of Duties".

Article 11(13) of the Act on September 11, 2012, which provides that "The defendant's assertion that this is null and void in violation of Article 24(3)10 and (5) and Article 48(1) of the former Act on the Procedure for the Amendment of the Management and Disposal Plan, shall not be conducted, but shall be made at the general meeting where the plan for the re-call and re-public inspection of the general meeting is partially modified and the ratio of the amendment is less than 10%," is added to "the 9th 10th th th 10th th th th th th th th th th th th th th th th".

The following is added to the “written consent that would have been made by coercion of the defendant (the defendant, however, has no evidence to acknowledge it)” at the end of the 9th 20th anniversary of the first instance judgment.

In conclusion, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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