손해배상 등
All appeals are dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, the court shall decide whether the allegation of facts is true in accordance with logical and empirical rules on the basis of social justice and the principle of equity by free evaluation of evidence, taking into account the purport of the entire pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The fact duly confirmed by the court of final appeal that the judgment below did not exceed
(1) The court below rejected the plaintiff's assertion that the above claim should be included in the scope of losses as stipulated in Article 7 (2) of the contract of this case, based on the following reasons as stated in its reasoning: (a) there is insufficient evidence to support that the 29 non-performing loan claims (the claim to additionally accumulate the bad debts reserve) and the PEF loan claims (the claim to additionally accumulate the bad debts reserve) should be classified as bad credit extension; and (b) there is no evidence to support that the above claim has accumulated the bad debts reserve as alleged by the plaintiff; and (c) the non-performing loan claims (the amount of the additionally accumulated bad debts reserve exceeds KRW 18,469,00,000,000, which is recognized by the court below as losses (hereinafter "non-performing loan claims of this case") do not affect the conclusion of this case; and (d) there is no evidence to support that the above claim should be included in the scope of losses suffered by the shareholders in violation of Article 7 (2) of the contract of this case.
The part of the ground of appeal disputing the lower court’s fact-finding is merely an error in the selection of evidence and the determination of the value of evidence belonging to the free trial of the fact-finding court.
In addition, the reasoning of the lower judgment is examined in light of the aforementioned legal doctrine and the evidence duly admitted, and the lower court’s ground of appeal.