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(영문) 대법원 2015.12.24 2013다59975
증권
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

After finding the facts as indicated in its holding, the lower court determined that: (a) the Plaintiffs and the Defendants agreed to continue to maintain the validity of the instant share transfer contract even after September 30, 201, on the grounds that (i) the purpose, content, and relevance of the instant share transfer contract and the instant share transfer contract to December 30, 201; (b) the Defendants agreed to revise the terms and conditions of the instant share transfer contract to the sales price for the instant project site; and (iii) the Defendants were to have agreed to pay the instant share transfer price for the instant project site to KRW 100 billion on the grounds that the date of payment of the remainder of the sales contract as of July 27, 2011 and July 28, 2011 to KRW 300,000,000,000,000,000,000,000,0000,000,000,000 won for the instant project site for acquisition and transfer; and (iv) the Defendants were paid the instant share transfer price for KRW 5 billion.

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

In this regard, the court below erred by misapprehending the legal principles on interpretation of expression of intent, interpretation of disposal documents, effect of termination of contract, authenticity of documents, burden of proof, etc.

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