(영문) 서울고등법원 2018.12.07 2018나2002033

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.12.07 2018나2002033

정산금

Text

1. The plaintiff's appeal is dismissed.

2. The third preliminary claim added by the plaintiff in this court is dismissed.

3. Appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is as follows. The plaintiff added the judgment as to the plaintiff's assertion or new claim and the third preliminary claim under Paragraph 3. Thus, it is identical to the reasoning of the judgment of the court of first instance citing the reasoning of Article 420 of the Civil Procedure Act.

2. On the 5th top order of the judgment of the court of first instance, the 1 to 5th order of the first order shall be followed as follows.

4) In accordance with the instant delegation contract, the Defendant entered into a contract for acquisition and transfer price of KRW 250 million with D on December 22, 2012, and on February 22, 2013, Article 3(2) of the said contract provides that “D shall pay KRW 50 million to the Defendant of the instant contract for acquisition of stocks of KRW 50 million for the Defendant” (Article 2(2) of the instant contract for acquisition of stocks of KRW 50 million for the Defendant of the instant case, “The remainder shall be the amount based on the provision that “D shall be exempted from liability and the remainder shall be the amount that D shall be exempted from liability.” In addition to the amendment of the said contract for acquisition and transfer price of KRW 10 million by January 31, 2013, it shall be deemed that D shall be repaid until January 31, 2013.”

Then, on February 27, 2013, annexed agreements were drawn up.

The contents related to this case among the agreement on the acquisition of stocks and the attached agreement are as follows.

3. Additional determination

A. 1) The Plaintiff’s assertion that the acquisition of shares was not rescinded, and the agreement on the acquisition of shares between the Defendant and D still remains effective. Since the attached agreement of this case also remains effective, the Defendant shall pay the Plaintiff the settlement amount of KRW 270 million. 2) Judgment (i) On March 2013, 2013, the date the agreement on the acquisition of shares and the attached agreement was concluded, the “B channel, a CATV broadcasting business entity,” mainly conducting the educational education of Chinese fishing operated by C, around March 2013.

참조조문

-민사소송법 제420조

유사 판례

-서울서부지방법원 2015.06.26 2015노334

-수원지방법원성남지원 2014.06.11 2013가합3268

-서울북부지방법원 2015.04.23 2014가합2864

-서울고등법원 2019.01.09 2018나2033068

-수원지방법원 안양지원 2018.01.12 2017가단106075