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(영문) 서울고등법원 2021.01.14 2020나2013371
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for this part of the underlying facts is as follows, except for the dismissal or addition of the reasons for this part is as follows, since the corresponding part of the judgment of the court of first instance (as shown below No. 2, No. 6 through No. 3) is the same as the previous part of the judgment of the court of first instance (as stated below, No. 420 of the Civil Procedure Act). As such, this part is

In the second and second instances of the first instance judgment, the following five acts include “written waiver of shares, each letter of delegation of disposal of shares,” and “written waiver of shares, each of the delegation of disposal of shares (hereinafter “written waiver of shares, each of the instant letter of delegation of disposal of shares, and each of the instant letter of delegation of disposal of shares”).”

The following matters shall be added between the 5th class and 4th class below in the judgment of the first instance:

The letter of waiver of the instant shares and the power of delegation of the disposal of shares (No. 4-3, 4) contain the following descriptions:

The plaintiff (the plaintiff) shall have the authority to transfer all the shares of this case currently owned, set up a security, and retire, etc., and shall not make any claim against you and other third parties in connection with his/her shares, and shall submit this letter together with the actual share certificates of this case.

With respect to the disposal of the shares of this case owned by the principal in order to normalize the management of the non-party company (the plaintiff company), the power of proxy for disposal of shares shall be delegated to him/her, who is the principal creditor bank of the autonomous creditor bank council, under the following conditions:

1. Where the disposal time and method of the disposal is lost, or it is deemed necessary to improve the financial structure of the company and make a disposal to the company, it is appropriate to return to the company without being subject to legal procedures, without being subject to prior notification or peremptory notice to the person concerned;

A discretionary disposition may be made to anyone at the recognized method, time, and price.

2. The remaining amount obtained by deducting the cost of disposal, such as the cost of appraisal of stocks subject to disposal, the advertising fee, and the cost of disposal, from the disposal Daejeon under paragraph (1) above.

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