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(영문) 서울고등법원 2014.11.28 2014나20068
주권인도
Text

1. Revocation of the first instance judgment.

2. Defendant B delivers to the Plaintiff the share certificates listed in the separate sheet of share certificates, and Defendant B.

Reasons

1. The following facts do not conflict between the parties, the whole purport of oral pleadings can be acknowledged by taking into account the following facts: Gap evidence 1, Eul evidence 2, Eul evidence 3-1 through 14, Eul evidence 4-1 through 5, Gap evidence 6-1, 2, Gap evidence 14-1 through 4, Gap evidence 32-3 through 5, Gap evidence 37, Gap evidence 50-1 through 4, Eul evidence 51-1 through 51-3, Eul evidence 1, Eul evidence 4-1 through 4-3, Eul evidence 1-1 through 3, Eul evidence 35-1 through 3, Eul evidence 35-1 through 3, Eul evidence 36-1 through 3, Eul evidence 36-1 through 3, Eul evidence 6-3, testimony of Eul evidence at the court of first instance and fact inquiry at the Industrial Bank of Korea's branch office, as a whole:

1) The Defendants’ status 1) Defendant K Co., Ltd. (the first trade name was BH Co., Ltd., but was changed to L, and thereafter changed to K.

hereinafter referred to as “Defendant Company”).

AW (as a company established on January 26, 1987, the plaintiff company acquired the defendant company on August 1989 and served as the representative director of the plaintiff company at the time when the plaintiff company acquired the defendant company, and the son of the plaintiff company was employed as the representative director of the plaintiff company at the time of the plaintiff company's acquisition of the defendant company.

(2) On August 28, 1989, the Defendant Company was appointed as the representative director of the Defendant Company. Thereafter, AW resigned from the Defendant Company on September 11, 2002, was dismissed from office on November 1, 2002, and on May 26, 2003, the Plaintiff Company’s representative director and the director respectively resigned from office. (2) Defendant B entered the Plaintiff Company upon the recommendation of AW, who was working as the managing director of the Plaintiff Company as of March 3, 1978, and was appointed as the director of the Plaintiff Company on February 27, 1982.

After that, on August 28, 1989 upon the request of AW, the director and vice-president of the defendant company were assigned to him/her on January 1, 1992, and only the plaintiff company was in charge of each of the directors of the defendant company on September 15, 2002, AW was in charge of each of the directors of the defendant company on September 11, 2002, but it was a single representative director on November 30, 2012, and the representative director and the vice-president were in charge of each of the directors of the defendant company on March 31, 2014.

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