(영문) 서울고등법원 2015.11.05 2015나11979

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.11.05 2015나11979

약정금 등

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except for the dismissal of a part of the reasons for the judgment of the court of first instance as stated in the reasoning of the judgment of the court of first instance. Thus, this shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. From No. 11 to No. 13 of the judgment of the court of first instance, the part that “Defendant B, in preparation for the total number of shareholders as of April 8, 2013 of the instant company, provided that “Defendant B,” to the Plaintiff, “Defendant B, in preparation for the general meeting of shareholders as of March 30, 2013 of the instant company, provided that “The Plaintiff would pay expenses incurred in securing voting rights after acquisition of management rights,” stating that “Defendant B, in preparation for the general meeting of shareholders as of April 8, 2013 of the instant company on April 30, 2013, Defendant B would keep means and method and secure at least 600,000 voting rights.”

(b) Parts 6, 18, 21, 6, 6, 18, and 21, of the first instance judgment shall be followed as follows:

f) The land and the above ground buildings of the Jongno-gu Seoul AC, which are registered as the seat of the head office in the register of P, are registered as owned by the Plaintiff, and the Plaintiff’s wife AD is registered as a director in the above register of juristic persons, who was appointed as a director in March 29, 2013.

A person shall be appointed.

(c) the third part of the seventh sentence of the first instance judgment "140,000,000 annually" shall be written with "144,00,000 annually".

Part VII of the 17th judgment of the first instance court "each entry of evidence Nos. 27 through 30 of the A," shall be written with "No. 27 through 30 of the A, and No. 4 of the A.

E. From No. 5 to No. 8 of the first instance court’s decision, the part of the “No. 200,000,000 won was paid to Defendant B as the acquisition price for the management right for the instant company in accordance with the direction of Defendant B” is difficult to believe that the statement of No. 5 and the testimony of the witness J is difficult, and there is no other evidence to acknowledge it.”

참조조문

-민사소송법 제420조

유사 판례

-대구고등법원 2018.11.08 2018나21860

-서울고등법원 2017.09.29 2017나2008195

-서울고등법원 2015.10.15 2014나2031804

-서울고등법원 2018.11.01 2018나2023979

-서울고등법원 2017.08.25 2016나2075426