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(영문) 서울고등법원 2020.07.23 2019나2051919
주식인도 등 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds alleged by the Plaintiffs in the first instance court are not significantly different from the allegations in the first instance court, and even if the evidence submitted in the first instance court is re-examineed, the judgment of the first instance court that rejected the Plaintiffs’ assertion is justified.

Therefore, the reasoning of this court’s explanation concerning this case is as follows, and it is identical to the reasoning of the judgment of the court of first instance except for partial contents of the judgment of the court of first instance as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of

C. Foods

(a)each “attached Form 6” of the fifth and seventh last sentence shall be raised to “attached Form 2”;

(b)be from 5th to 18th, both are as follows:

“Defendant N, the largest shareholder of the Defendant Company and the representative director of the Defendant Company, promised to enter into each of the instant shares sales contracts for the purpose of selling the old shares of the Defendant Company and ultimately perform the obligation to be incurred therefrom. This constitutes an intention of the shareholders of the Defendant Company, including Defendant N, to accept each of the instant shares sales contracts.

“”

(c) state that “or” in Part 6 of the first sentence is “if there is no fact that Defendant N has made the said promise, it shall be read as “or”.

The 6th part of the 6th part "taking the rights of shareholders" is regarded as "taking the rights of shareholders from shareholders".

(e)for the purpose of Chapters 6-15 to 7, the testimony alone shall be taken as follows:

“It is difficult to recognize that the testimony of the witness of the first instance court and the third, sixth and eighth evidence of the first instance court had the shareholders of the Defendant company, including the Defendant N, enter into the respective share sales contract of the instant case, or have promised to have the shareholders of the Defendant company enter into the respective share sales contract of the instant case, or to fully perform the obligation under each of the instant shares sales contract.”

(f) from 8 pages 3 to 14 are as follows:

The defendant company, including the defendant N, is the defendant company.

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