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(영문) 수원지방법원 2020.04.29 2019나88507
주식양도청구
Text

1. The plaintiff's appeal is 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 reasons for the acceptance of the judgment of the court of first instance are as follows, with the exception of the deletion of the “instant repurchase agreement” of 11 line 3 pages of the judgment of the court of first instance and the addition of the “additional Judgment” of the Plaintiff’s assertion emphasized or added in this court, the following grounds for the judgment of the court of first instance are as follows. Thus, this Court cites it pursuant to the main sentence of Article 420

2. Additional determination

A. The Plaintiff’s assertion 1) The instant agreement constitutes a case where it is evident that the instant agreement may not endanger the company’s capital foundation or undermine the interests of the shareholders, etc., and thus, is valid. 2) Even if the instant agreement is null and void, the defect caused by the Plaintiff’s acquisition of the right to claim the return of shares was cured.

3) Even if the agreement of this case is null and void, it shall be deemed that the agreement is effective as an agreement to transfer the shares it acquired by the defendant to a person designated by the non-party company in accordance with the principle of conversion of invalidation. (B) As to the assertion that the agreement of this case is valid, the acquisition of a company’s own shares on its own account may cause various harm, such as undermining the company’s capital foundation, undermining the interests of shareholders and creditors, undermining the principle of equality of shareholders, and undermining the representative director’s control, etc., and thus, in principle, the Commercial Act uniformly prohibits the acquisition of a company’s own shares from a general preventive purpose. As such, the case where the acquisition of a company’s own shares is exceptionally classified and specifically stated in the case where the acquisition of a company’s own shares is allowed, except where the company gratuitously acquires a company’s own shares or where it acquires a company’s own shares on another’s account, it may endanger the corporate

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