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(영문) 대법원 2015.08.27 2012다111449
주주명부명의개서
Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant, including the part arising from the Plaintiff’s supplementary participation.

Reasons

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

The judgment below

According to the reasoning of the judgment below, there is no evidence to acknowledge the existence of a sales contract as alleged by the Intervenor with respect to the instant shares, and rather, it is reasonable to deem that the instant share transfer was made by a transfer agreement for the purpose of securing the performance of the obligation to compensate the Plaintiff’s Intervenor for damages against the Plaintiff’s Intervenor, and that the instant share transfer agreement was made in the name of the Plaintiff, not the Plaintiff’s Intervenor, but the Plaintiff was entrusted by the Plaintiff’s Intervenor with all authority to claim damages against the Intervenor and collect the damages therefrom, and led the negotiations with the Intervenor, taking into account the following circumstances: (a) the details of the instant transfer agreement and the timing of its preparation; and (b) there was an implied agreement between the Plaintiff and the Plaintiff’s Intervenor, not the Plaintiff’s Intervenor, on the ground that the instant share transfer agreement was made in the name of the Plaintiff, not the Plaintiff’s Intervenor, the original obligee, and on the ground that there was an implied agreement between the

In light of the relevant legal principles and records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there are no errors in the misapprehension of legal principles as to the violation of the principle of pleading, the appendant nature

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the defendant joining the defendant, including the part related to the participation of the plaintiff. It is so decided as per Disposition by the assent of all participating Justices.

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