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(영문) 서울고등법원 2016. 7. 1. 선고 2015나2074891 판결
[주식매수선택권행사차액보상청구의소][미간행]
Plaintiff and appellant

Plaintiff 1 and one other (Attorney Park Sang-ok, Counsel for the plaintiff-appellant)

Defendant, Appellant

Han Lp Co., Ltd. (Attorney Ba-woo, Counsel for the plaintiff-appellant)

Conclusion of Pleadings

May 20, 2016

The first instance judgment

Seoul Central District Court Decision 2015Da5108775 Decided December 8, 2015

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The judgment of the court of first instance shall be revoked. The defendant shall pay to the plaintiff 1 the amount of KRW 66,760,00, KRW 50,000 and each of the above amounts of KRW 50,000 to the plaintiff 2,00,000 per annum from the day following the day of service of the copy of the complaint of this case to the day of complete payment. Preliminaryly, the defendant shall receive KRW 27,640,000 from the plaintiff 1 to the day of complete payment. At the same time, the defendant shall deliver to the plaintiff 1 the share certificates representing KRW 8,00,00, the ordinary share shares of KRW 50,00,000 issued to the plaintiff 2, while receiving KRW 20,730,000 from the plaintiff 2, the defendant shall deliver to the plaintiff 1 the share certificates representing KRW 500,00,00,000 issued to the plaintiff 2, the amount of KRW 34,80,26,000,00.

Reasons

The reasons for this court to be stated are the same as the reasons for the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the plaintiffs' primary and conjunctive claims are all dismissed as they are without merit, and the judgment of the court of first instance is justified, and all appeals against the defendants are dismissed. It is so decided as per Disposition by the assent of all.

Judges Kim Jong-chul (Presiding Justice)

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