1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the corresponding part of the judgment of the court of first instance, except where the corresponding part of the judgment of the court of first instance is used or added as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

No. 11 and 12 of the 3rd 11 and the 12th 12 note that “The above transfer and takeover contract is a document in which the authenticity is recognized, but the above transfer and takeover contract is called “the certificate certificate No. 1 and the share transfer and takeover contract of this case”.

) The document is recognized as authentic and the above document is a copy of the original, not the original, and the plaintiff's attorney stated that the plaintiff did not possess the original. However, even in the case of a copy, there is no dispute over the existence of the original and the authenticity of the establishment, and there is no problem about its accuracy, so that the copy is substituted by the other party, if there is no objection from the other party as to the substitution of the original, the application for examination of evidence is also allowed (see, e.g., Supreme Court Decision 95Da48667, Mar. 8, 196). The defendant is formally prepared for the transfer of shares to E in relation to the sales contract of this case, and it is argued that the transfer and takeover contract of this case is not a stock transfer contract between the original defendant and the original defendant, and the defendant has no objection to the purport that the transfer and takeover contract of this case was not a stock transfer contract between the original defendant and the above copy is not a special objection to the substitution of the original.

As long as the authenticity of a disposal document is recognized, the court shall recognize the existence and content of the declaration of intention in accordance with the contents of the document unless there is any reflect, and shall not reject it without reasonable explanation, but it shall be recognized that there exists an express or implied agreement different from the contents of the document even if it is a disposal document.