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(영문) 광주지방법원 2020.11.12 2019나61129 (1)
주식반환 등
Text

All appeals filed by the Plaintiff (Counterclaim Defendant) against Defendant C, Defendant D, and E are dismissed.

Expenses for appeal shall be the expenses for appeal.

Reasons

1. The scope of the judgment of this court was accepted by the plaintiff and the first instance court against the co-defendant F of the first instance court, Co-Defendant F of the first instance court, Co-Defendant B, Ltd., and dismissed each of the plaintiff's respective principal claim against the defendants and the plaintiff C's counterclaim claim.

Therefore, since only the plaintiff appealed against the defendants as to each of the main claims against the defendants, the scope of the judgment of this court is limited to the plaintiff's claims against the defendants (this court dismissed the plaintiff's appeal against the co-defendant F of the first instance court and the appeal filed by the co-defendant B of the first instance court, respectively. The defendant C submitted a petition of appeal concerning the counterclaim among the judgment of the first instance court, but failed to comply with this court's order of recognition correction, and thus the petition of appeal was dismissed. Accordingly, the part concerning the main claim against the co-defendant F of the first instance court of the plaintiff and the co-defendant B of the first instance court of the first instance and the part concerning the counterclaim claim by the defendant C

A. On April 14, 2017, the Plaintiff is a person who established the joint Plaintiff B (hereinafter “stock company B”) of the first instance court on April 14, 2017, along with G as a sales agent.

The co-defendant F of the first instance trial (hereinafter referred to as the "F") is the co-defendant of G, and the defendant D is the wife of F and the number of G.

Defendant C is the Plaintiff’s Dong and G’s wife, and Defendant E is the seat of G.

B. Since G’s operation of a business entity such as M, etc. for the purpose of industrial maintenance, manufacture, and sale, the management of real estate owned by M, etc. becomes worse due to the commencement of voluntary auction procedures, etc., G established a separate corporation with the same business objective and tried to proceed with the said real estate as a successful bidder.

However, G is unable to directly establish a company due to its credit problems and financial reasons, and G is entitled to take full charge of some of the shares and logistics transport of the company to be incorporated on the face of the Plaintiff by raising capital for the establishment of a new company, and assign a representative director position.

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