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(영문) 서울고등법원 2015.06.18 2014나30287

손해배상(기)

Text

1. The part against the defendant in the judgment of the court of first instance falling under the following order of payment:

Reasons

1. The plaintiff and the joint plaintiff Eul corporation of the first instance trial (hereinafter "B") filed a claim against the defendant and the co-defendant C of the first instance trial (hereinafter "C") in the first instance trial against the defendant and the co-defendant of the first instance trial (hereinafter "the defendant and C") for the payment of KRW 242,932,380, and KRW 50,000 to B, and the delay damages therefor. The court of the first instance rendered a judgment that "the plaintiff and the plaintiff pay KRW 300,000 and the delay damages therefor to the plaintiff, and the defendant pay KRW 42,822,00 and the delay damages to the plaintiff. The defendant dismissed the remaining claims against the defendant and the defendant of the second instance, and claims against the defendant and the C respectively."

Accordingly, only the Plaintiff filed an appeal against the Defendant in the judgment of the court of first instance on the remainder of the part, excluding Paragraph (4) of the instant special agreement and the part concerning the claim for damages arising from the violation of the agreement of this case (the dismissed part at the court of first instance) and the part concerning the payment of securities transaction tax of KRW 1,350,000 (the cited part only in the first instance court and KRW 45,00), and the Plaintiff voluntarily withdrawn the part concerning the claim for damages arising from the tort.

Therefore, the actual scope of the judgment of this court is limited to the part concerning the plaintiff's claim against the defendant in the judgment of the court of first instance, excluding the part concerning the claim for damages caused by the violation of Paragraph (4) of this case and the agreement of this case, and the part concerning the payment of securities transaction tax 1.350,000 won,

2. Basic facts

A. 1) The Defendant changed the trade name to “stock company B” on March 20, 2012, and collectively “the instant company” before and after the change.

(2) On August 27, 2008, a shareholder of the instant company was appointed as the representative director of the instant company and resigned on December 15, 2010. On December 15, 2010, he/she was appointed as a joint representative director C and joint representative director on December 15, 201, and thereafter retired on March 8, 201 and served as an auditor until February 27, 2012. 2) The Plaintiff was on February 2, 2012.