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(영문) 춘천지방법원 2018.10.31 2017나53504
주주권 확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following “the second appeal part,” and thus, it is acceptable in accordance with the main sentence of Article 420

2. In the end of the third 20th sentence of the judgment of the first instance, the lower court added “(3) The Plaintiff’s exercise of the right to share distribution on October 4, 2016, even though the timing of share distribution was December 31, 2008, obstructed the fulfillment of the conditions contrary to the good faith principle by the party who is at disadvantage due to the fulfillment of the conditions, and thus, may assert that the conditions have already been fulfilled.”

The following shall be added to the fourth 19th line, and the second 20th line shall be considered as "(the grounds for recognition: entries in Gap evidence 1 to 4, 7, and 8, and the purport of the whole pleadings)".

3) When seeking the return of the instant shares held in title by the Defendant, etc., C filed an application for a provisional disposition against the Defendant, etc. seeking the prohibition of exercising voting rights on the instant shares, and the court accepted the application.

(1) On December 2, 2008, the Defendant was sentenced to a suspended sentence of two years in the year and six months of imprisonment due to a violation of the Labor Standards Act, etc. from the original state branch of the Chuncheon District Court on September 13, 2007. (4) On December 2, 2008, the Defendant is sentenced to a suspended sentence of two years for a violation of the Labor Standards Act.) 4th to 22th to 5 first end.

1) According to the facts established prior to the invalidity of the condition of suspension attached to the instant share transfer agreement, the instant share transfer agreement constitutes a juristic act under the condition of suspension. Paragraph (1) provides for a non-assignment agreement with respect to the instant shares, and Paragraph (2) imposes an obligation on the Defendant, etc. not to exercise the sovereignty as a title trustee, and Paragraphs 3 and 4 of the said Article impose an obligation on the Defendant, etc. as a title trustee. By December 31, 2008, the Defendant, etc. shall contribute to the development of the company by fulfilling the obligation of a good manager as an executive officer of the instant company, and

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