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(영문) 대전고등법원 2018.05.31 2017나16196
주식인도 등
Text

1. Upon a request of the court for a change in exchange, the defendant shall be G and address:

Reasons

Basic Facts

The reasoning for this part of this Court is as follows, and this part of this Court’s reasoning is the same as the entry of “a recognized fact” in the reasoning of the judgment of the first instance, and thus, citing it pursuant to the main sentence of Article 420

2 pages 9 " March 23, 2013" shall be changed to " March 25, 2013".

2. The following shall be added to the last:

Where a contract is terminated or terminated, it shall be as follows:

2) In principle, where a corporation continues to engage in a business without undergoing liquidation procedures but with a certain number of persons remaining, an amount shall be calculated on the basis of the date when the contract is terminated by shares in shares and paid within at least one year (Provided, That where it is substantially impossible to pay due to the failure of net profit, an audit and inspection may be extended by one year under an agreement.

) Each “Plaintiff Co., Ltd. B” in the 3th page 1, 6th page 1, and 6 shall be raised to “B”.

Judgment

In full view of the facts acknowledged earlier as to the existence of the obligation to transfer shares and the following circumstances, the Defendant is obligated to transfer the shares listed in the order (hereinafter “instant shares”) to the Plaintiff pursuant to the agreement on the cancellation of a business partnership agreement dated September 30, 2013 (hereinafter “scisfing agreement”).

The partnership business contract was concluded between the plaintiff, the defendant, and D, but D withdraws from the partnership business contract on April 17, 2013 on condition that the plaintiff and the defendant do not require any requirement, such as waiver of 20% of their shares.

Therefore, the parties to the partnership agreement have left only the plaintiff and the defendant 2, and the parties to the rights and obligations under the reversal agreement on the partnership agreement are also the plaintiff and the defendant.

Paragraph (1) of the reversal agreement provides that “The defendant resigns from a director on September 5, 2013, and thus the status of the business partnership between the plaintiff and the defendant shall be discarded and no share shall exist.” However, the agreement is terminated between the plaintiff and the defendant.

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