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(영문) 광주고등법원(제주) 2017.11.08 2017나10338
지분양도대금청구
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 this court’s explanation for the acceptance of the judgment of the first instance is as stated in the part of the reasoning of the judgment of the first instance, except for the addition or dismissal of part of the reasoning of the judgment of the first instance as set forth in the following paragraph (2). Thus, it is acceptable in accordance with the main sentence of Article

2. The part of the judgment of the court of first instance, which added or added the amount of the instant investment principal pursuant to Article 4(3) of the instant contract and added the amount of KRW 200,000,00 and the loan amount of KRW 444,50,000 to the instant company, which is the same as the investment principal pursuant to Article 4(3) of the instant contract, to the extent that the purpose of the judgment of the claim is to be determined in accordance with the choice among several acts, is to be determined in accordance with Articles 7, 14, and 17 of the judgment of the court of first instance, and the choice is to be made in accordance with the choice among several acts, unless otherwise provided by other Acts or agreed by the parties.

(1) Article 381(1) of the Civil Act provides that “If the option holder does not exercise the option within the prescribed period, the other party may demand the option within a reasonable period of time when the option holder does not exercise the option within the prescribed period, and if the option holder does not choose within the prescribed period, the other party shall be the other party (Article 381(1) of the Civil Act).” In addition, in the absence of the exercise period of the option, the other party shall be the other party at the time when the option holder does not choose within the prescribed period of time after the due date of the claim is due and the other party does not choose within the prescribed period of time (Article 381(2) of the Civil Act). In the instant case, the Plaintiff and the Defendants agreed to enter into the instant contract and pay the instant price in cash or in lieu of the same amount as the investment principal at the time of entering into the contract. As seen above, the instant price claim becomes final and conclusive in accordance with the choice among two acts,

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