beta
Text
1. Each appeal filed by the plaintiff and the defendant is dismissed.
2. The costs of appeal shall be borne by each party.
Purport of claim and appeal
1..
Reasons
1. The court's explanation concerning this case is based on the reasoning of the judgment of the court of first instance 2.
(b) add the contents of “relevant laws and regulations” as shown in the attached Form, and 2.
D. In addition to the following cases, “judgments” portion is identical to the reasoning of the judgment of the first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Use]
D. 1) Determination on the nature of the transaction of the instant shares is based on the legal act’s interpretation whether the sale of shares constitutes a transfer of shares, which is an asset transaction, or the retirement of shares or the refund of capital, which is a capital transaction, is a matter of interpretation of the legal act. However, in light of the substance and form of the pertinent contract in light of the substance and substance of the substance over form, the entire process of the transaction, such as the parties’ intent and the process of concluding the contract, method of determining the price, and progress
(B) The following circumstances are acknowledged when the purport of the entire pleadings is added to the facts acknowledged prior to the specific judgment (see Supreme Court Decision 2012Du27091, May 9, 2013). The motive or purpose of the Plaintiff’s acquisition of the instant shares and sale thereof to C is to obtain market price gains. C purchases and retires shares owned by the Plaintiff and G and retires new shares (the ultimate motive or purpose of the Plaintiff’s retirement and distribution to E by issuing a preferential share) and securing shares after receiving new investments from E.
The capital increase due to the reduction of capital due to stock retirement and the issuance of new stocks has been made, and as a whole, C's capital has not decreased.
Since the Plaintiff purchased the instant shares from B at a significantly low price, it is merely the interest arising from the instant stock transaction, not the interest arising from C’s refund of investment to the Plaintiff.
Therefore, it is true.