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(영문) 광주고등법원 (제주) 2018.06.20 2018나10038
주식양도대금
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) using "17,500 won" in Part 2, 2, 11 of the judgment of the court of first instance as "17,500 shares"; and (b) as to the plaintiffs' assertion, the reasoning of 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 cases to be determined additionally as set forth in paragraph (2) below; (c)

2. Additional determination

A. The plaintiffs' assertion 1) The defendant is aware that the transfer of the shares in this case violates the prohibition of acquiring the shares in the Commercial Act and thus null and void, and thus, he is aware of the fact that the transfer of shares in this case is in violation of the prohibition of acquiring the shares in the Commercial Act

(2) The Plaintiff transferred the non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s right to vote at the general

Therefore, the Defendant should compensate the Plaintiffs for damages that have fallen in the value of the instant shares due to the exercise of N’s illegal shareholders’ rights, and for mental damages caused by the Plaintiffs’ failure to exercise their rights.

B. The evidence submitted by the Plaintiffs alone revealed that the transfer of the instant shares was null and void and that the transfer of the non-party’s non-party’s non-party’s non-indicted 1 bonds is also null and void, thereby having the Plaintiffs file a lawsuit against the non-party company.

It is insufficient to recognize that the Defendant aided and abetted the exercise of N’s illegal shareholders’ rights with the knowledge that the instant transfer of shares is null and void.

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