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(영문) 서울고등법원 2015.07.24 2015나2002131
주식양수대금반환
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. Evidence No. 1 (Evidence No. 22-1; hereinafter the same shall apply), evidence No. 2-2, evidence No. 3 (Evidence No. 6; hereinafter the same shall apply), evidence No. 4, evidence No. 5, evidence No. 7, evidence No. 8-1, 2, Eul evidence No. 1, 2-2, evidence No. 4 through 10 (Evidence No. 21-1; hereinafter the same shall apply), evidence No. 16-1, 2, Eul evidence No. 17, evidence No. 18, evidence No. 21-2, evidence No. 23-1 through 3, evidence No. 24, evidence No. 25-2, evidence No. 27, evidence No. 3-1, evidence No. 5-2, evidence No. 27, evidence No. 27-2, evidence No. 5-2, evidence No. 9, evidence No. 27-1 and No. 5-2, evidence No.

The status C Co., Ltd. (hereinafter referred to as “C”) is a company with the objective of investing in or acquiring business of an enterprise subject to restructuring. D Co., Ltd. (hereinafter referred to as “D”) served as D’s representative director from June 7, 2010 to a company with the purpose of providing investment advisory services, etc. for the utilization of assets of domestic and foreign investors. As of September 1, 2010, the Defendant owned 45,400 shares equivalent to 75.67% of the total number of C’s issued shares and operated both C and D.

B. D’s management right disputes between the Defendant and E (1) In order to acquire the Defendant’s D’s D’s management rights by reducing the Defendant’s D’s D’s management rights, H,698 shares owned by 10,719 shares equivalent to 3.51% of the total number of D’s issued and outstanding shares, and H,698 shares owned by 110,719 shares, which were held by 110,719 shares of D’s total number of outstanding and outstanding shares, proposed a temporary general meeting of shareholders to be convened to D, but the Defendant, on December 21, 2010, proposed a temporary general meeting of shareholders to be convened to the Seoul Southern Southern District Court (2010 did not comply with D’s general meeting of shareholders). Accordingly, H, etc. announced a temporary general meeting of shareholders to be convened on or around December 9, 2010.

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