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(영문) 서울고등법원 2016.09.30 2015나2066920
정산금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. As to this case, the court's acceptance of the judgment of the first instance is the same as the reasoning of the judgment of the first instance except for the following dismissal or addition and deletion. Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The amount corresponding to October 28, 2012 in the third page 12 of the part to be removed or added shall be deemed to be “voluntary disposition consent”, the amount corresponding to “1,617,000” in the second page shall be deemed to be “947,835”, and the 7th page 4 of the second page shall be deemed to be “disposition”.

Pursuant to the 5th 8th 8th 8th , “the description of evidence No. A” is “the description of evidence No. 8 and No. 1 and No. 2 of the same Act,” and the 10th 10th ,” each of the instant pledge agreements is added to “the fact that the obligee may dispose of collateral according to the time, method, price, etc. deemed generally reasonable if it is difficult to dispose of the object of security by the legal procedure or if it is deemed that there are reasonable grounds to create obstacles to preserving the claim.”

First, “Nos. 1 through 4, 8, and 17” of the 5th 12th 12th am with “Evidence Nos. 1 through 5, 8, 10, and 17”, and the 6th 11th am to “from October 24, 2014,” the suspension of sale and purchase of B shares from October 24, 2014 to “the highest fact” was cancelled and disposed of the instant shares to the Plaintiff. Since it is difficult to determine the reasonable time for calculating the price due to the risk of delisting, the time and quantity of sale pursuant to the voluntary disposal angle was notified to the Defendant that he would arbitrarily determine the time and quantity of the instant shares were to be sold on three occasions from November 3 to December 26, 2014. However, the secured value as of October 29, 2014.

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