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(영문) 서울고등법원 2017.12.21 2017나2051939
주주권확인청구
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is the same as the reasoning of the judgment of the court of first instance, except for the part to be modified or deleted as follows, and thus, citing it as it is in accordance with the main sentence of Article 420

(The grounds alleged in the trial in the appeal by the Defendant are different depending on the contents as alleged in the first instance court. However, even if considering the above allegations by the Defendants, it is not different from the fact-finding and judgment of the first instance court). If the second part of the first instance judgment, “Defendant F Co., Ltd. (hereinafter “Defendant F”)” is changed to “F Co., Ltd., Ltd., Co., Ltd., Ltd., in the first instance court (hereinafter “F”), and all “Defendant Co., Ltd.” in the reasoning of the first instance judgment are changed to “F.”.

Defendant B, C, D, and D (hereinafter “Defendant B, etc.”) in Part 3 of the judgment of first instance shall be changed to “Defendant B, C, and D” in Part 17 of the judgment of first instance, and both Defendant B, C, and D (hereinafter “Defendant B, etc.”) shall be changed to “Defendant”; and “Defendant B, etc.” in the judgment of first instance after Part 3 of the judgment of first instance among the grounds of the judgment of first instance shall be changed to “Defendant”.

The first written judgment of the court of first instance shall be amended " May 22, 2015" in the first written judgment of the court of first instance to " September 22, 2015."

Defendant E shall be changed to “Co-Defendant E of the first instance trial” (hereinafter referred to as “E”) on the fourth page of the first instance judgment, and all of “Defendant E” after the fourth page 12 shall be changed to “E”.

Part 5 of the first instance judgment, part 11 of the same page "Defendant Company B, C, and D" and 14 of the same part shall be deleted.

The 6th judgment of the first instance shall be deleted from the 10th to the 17th judgment.

The 6th sentence of the first instance judgment "(3)" shall be changed to "(2)".

2. Thus, the plaintiff's claim against the defendants should be accepted on the ground of the reasons.

In conclusion, the judgment of the court of first instance is just, and the defendant's appeal against the plaintiff is dismissed as it is without merit. It is so decided as per Disposition.

The Defendants are new preparatory documents after the closing of argument in this Court.

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