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(영문) 서울고등법원 2019.04.18 2018나2063090
주주지위확인의 소
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except as otherwise stated in paragraph (2) concerning the Plaintiff’s new assertion, thereby citing it in accordance with the main sentence of Article 420

(2) As to the tort liability of Defendant B, as stated in the preparatory document on March 12, 2019, the Plaintiff asserted to the effect that the Plaintiff did not add or modify the purport of the claim and the cause of the claim, and that “the Plaintiff is examining the addition of the claim to compensate for damages arising from the tort against Defendant B” is not separately determined (the Plaintiff stated that “no additional assertion is available” on the date of the second pleading proceeding on March 14, 2019, and accordingly, the argument was concluded on the date of the pleading proceeding on March 14, 2019.

Plaintiff

In the process of the establishment of H and I, the Plaintiff entrusted Defendant B with the affairs related to the Plaintiff’s shares with the head of passbook, seal imprint, and resident registration certificate, and the Defendant B, upon delegation, proceeded with the procedures for the establishment and expansion of H and I with the Plaintiff’s funds. 2) The mandatary shall deliver the money and other things received due to the handling of delegated affairs and the negligence received therefrom to the mandator (Article 684(1) of the Civil Act). The mandatory shall transfer to the mandator the rights acquired under his name for the mandator’s own name to the mandator.

(Article 684(2) of the Civil Act. Defendant B acquired each of the instant shares in its own name while taking the procedure to increase H and I’s establishment. The instant shares acquired in the course of performing delegated affairs must be returned to the Plaintiff, the mandator.

B. Although Defendant B’s judgment 1 followed the procedure for the establishment and expansion of H and I under the Plaintiff’s instruction, Defendant B followed.

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