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(영문) 대법원 2018.02.28 2017다263031
주주권 확인 등 청구의 소
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The court below affirmed the judgment of the first instance that accepted the plaintiff's preliminary claim based on its stated reasoning, on the following grounds: (a) the plaintiff agreed to acquire the corporation and the shares of the company of this case before the loan of land price PF under Paragraph (4) of the agreement of this case; (b) 100% of the shares shall be paid at par value; (c) the representative director and the executive officer shall remain at present, but the time of acquisition of shares is determined to withdraw at the time of business settlement; (d) it is reasonable to regard the "time of succession to a corporation" associated with settlement as the time of exercising the right to manage the representative director and the executive officer rather than at the time of transfer of shares; and (g) of the agreement of this case as the time of exercising the right to manage the representative director and the executive officer rather than at the time of transfer of shares; and (g) of the agreement of this case does not mean that the agreement becomes null and void if the settlement is not made, it shall not be construed that the agreement becomes null and void or the settlement should be implemented more

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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