logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.11.30 2018나14111
지분금반환 청구의 소
Text

1. Any claim that is changed in exchange in this Court and the claim that is added selectively are all dismissed.

2...

Reasons

1. The scope of the trial at this court’s first instance court’s claim for the purchase price of shares, but the primary claim is that 10,000 won (50%) of the shares issued by the said company, the name of which was transferred from the time of establishment of G Co., Ltd., was held in title by the Defendant, and C is the shares held in title by the original network C, and C is not only 10,000 shares (50%) of the remaining shares issued by the said company under the name of C through a stock transfer contract or any other contract concluded before the transfer of shares or transfer of shares, but also the shares existing “title trust” under the premise that the shares were transferred domestically and externally to the Defendant.

Preliminary claim is a claim for the share transfer price of KRW 100 million and its delay damages as to the shares transfer price under C’s name transferred to the defendant according to the above share transfer and takeover contract, where the above title trust relationship is not acknowledged.

On October 19, 2018, the grounds for the claim were changed in exchange for exchange through the statement of reasons for appeal on October 19, 2018.

On the other hand, on October 30, 2018, the Plaintiff stated “the settlement amount following the termination of a partnership agreement between the network C and the Defendant” as the cause of the instant claim on the date of pleading, which is the date of pleading of the trial, which is the party’s choice in the trial to add the cause of the claim.

Therefore, as seen above, the claim for restitution of unjust enrichment that the Plaintiff changed in exchange for exchange in this court and the claim for settlement of accounts following the termination of the partnership relationship, which was selectively added, becomes the subject of the

2. The reasoning for this part of the judgment of the court is as follows, except for the modification of the text of the judgment of the court of first instance as follows, and therefore, it is consistent with the corresponding part of the reasoning of the judgment of the court of first instance.

Part 2, in Part 9, "G Co., Ltd. (hereinafter referred to as "G") shall be incorporated into "G Co., Ltd. (hereinafter referred to as "G") which is an unlisted company."

No. 3.

arrow