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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the judgment of the court of first instance is insufficient to reverse the fact that “A at the time of the instant exchange contract, E, etc. was exercising de facto influence on the Plaintiff’s management by exercising the right to appoint and dismiss executives or determining business policies,” and the Plaintiff’s acquisition of existing shares from E, etc. at the price according to the exchange rate under the instant exchange contract is an abnormal transaction lacking economic rationality in light of sound social norms and commercial practice, and is subject to the rejection of unfair calculation.” The reasoning for the judgment of the court of first instance is the same as that of the judgment, except for adding each additional statement that there is no other counter-proof, and thus, it is also cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
Part 3 of the Decision 11 of the first instance court's decision "The following shall be added to the notice."
The part of the agreement of this case states that "B and the non-party company will add a new business division to the plaintiff through an all-inclusive share swap, etc. after concluding the contract of this case and transferring the plaintiff's management right to the non-party company with shares owned B and the plaintiff's shares issued by the plaintiff to the non-party company." This seems to clearly state that the contract of this case will be concluded on the premise that the non-party company
(5)On the 19th page 5 and 6, the following descriptions shall be added:
9. The Plaintiff acquired 956,000 shares issued by the Plaintiff as the third party allotment method on June 5, 2006 at KRW 2,090 per share, and the Plaintiff acquired 1,00,000 shares issued by the Plaintiff by means of off-the-counter purchase on November 3, 2006.