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(영문) 서울고등법원 2019.11.05 2019나2022713
위약벌 청구
Text

1. An appeal against the Defendant (Counterclaim Plaintiff) and the Defendant C and D’s counterclaim is filed.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and this court’s reasoning is identical to the ground of the judgment of the court of first instance, except for the case where a partial revision is made and the Defendants added or emphasized in this court as to the assertion added or emphasized by this court.

The following shall be added to the 7th day below the judgment of the first instance.

Although the Plaintiff issued to the Defendant Company a list of shareholders indicating the Defendant Company as the shareholders in accordance with the instant agreement, the Plaintiff did not thereafter prepare and report documents pertaining to changes in the actual status of shares, and did not return and pay income tax on the transfer of shares. The following is added to the 7th page 14 of the judgment of the first instance.

“On the other hand, M was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with respect to the criminal facts by deceiving the plaintiff and deceiving E 2,080. The defendant C was investigated under the charge of embezzlement against the defendant company, but the purchase of F shares was conducted at the request of I, the largest shareholder of the defendant company, and was subject to a disposition of unwritten evidence (Evidence of Evidence) for the reason that the fact that the defendant C was not confirmed as a result of tracking the check on the price was not returned. The "No. 25" of the 716th sentence of the first instance judgment of "No. 75" is "No. 25,38,40, 41", and the "No. 15" of the 16 through 17th sentence is "No. 15,35" respectively.

The following parts shall be added at the end of the 20th end of the first instance judgment:

In addition, although the Plaintiff is found to have issued the register of shareholders to the Defendant Company, it is merely a provisional execution in accordance with the instant agreement. Since then, the Plaintiff notified the cancellation of the contract on the grounds of non-performance of the agreed matters by the Defendants, sought the payment of penalty, and reported changes in the actual status of stocks or reported the tax on the transfer income of stocks.

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