(영문) 서울고등법원(인천) 2020.12.03 2020나11634

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(영문) 서울고등법원(인천) 2020.12.03 2020나11634

주식양도청구의 소

Text

The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

after the filing of an appeal.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the judgment of the court of first instance, if the court excludes the parts to be used or added as described in the following paragraph (2), and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. Therefore, the defendant shall be used as the defendant around the first instance court's 4th page 16 as "Therefore, the defendant shall be used as the defendant around the second instance court's 4th page 17 as follows.

“ Even if the parties to the instant share transfer agreement are F, the Defendant’s individual signed the instant share transfer certificate and jointly and severally guaranteed the obligation regarding the instant share transfer agreement. As such, the Defendant, as F’s joint and several surety, has the obligation to transfer C common shares in the same manner as indicated in the purport of the claim to the Plaintiff.”

B. From 5th to 5th 10th eth eth eth eth eth eth eth eth eth eth eth.

[2] In light of the following circumstances, it is difficult to view that the agreement on the transfer of shares of this case was valid in light of the following circumstances, which can be acknowledged by comprehensively taking account of the descriptions of Gap's evidence Nos. 1, 2, 3, and 11 and the purport of the entire pleadings. Even if the agreement on the transfer of shares of this case is acknowledged, it is difficult to see the parties to the contract as the plaintiff and the defendant, and it is difficult to see that the defendant jointly and severally guaranteed the obligation related to the transfer of shares of this case. The evidence submitted by the plaintiff alone is insufficient to acknowledge

Therefore, the plaintiff's primary and conjunctive claims on different premise are without merit.

A person shall be appointed.

C. On the 5th page of the first instance judgment, the following is added.

As asserted by the Plaintiff, regarding the share transfer agreement of this case.

참조조문

-민사소송법 제420조

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