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(영문) 부산고등법원(창원) 2016.07.07 2015나24068

손해배상(기)

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Plaintiffs C and V.

Reasons

1. The reasoning of the court's explanation of this case is the same as the part of the judgment of the first instance, except for the addition as stated in paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(A) On February 2, 200, the first instance court’s findings and judgments are not different in view of the allegations and evidence added in the trial). The part of the second instance court’s findings and judgments is as follows: “Plaintiff B” No. 48 of the first instance court’s decision No. 15 of the first instance court’s decision No. 15 of the Plaintiff’s 15 of the Plaintiff’s 15 of the Plaintiff’s 15 of the Plaintiff’s 2 lawsuit acceptance; “Plaintiff B” of the 51 of the Plaintiff’s 2 lawsuit acceptance; and “C and V” of the claim amount and the cited amount table attached to the judgment of the Party

Parts 5, 20, and 21 of the judgment of the first instance shall be amended as follows:

4) The Plaintiff A and C traded the shares of the Defendant Company in the KOSDAQ market as shown in the attached Form 2 List of Damage Calculation (the “date” in the attached Form 2 List) and the Plaintiff A and C purchased all shares on September 6, 201 before the suspension of share purchase and sale transaction, which was not the date of actual sale but the securities company’s business process following the sale.

(B) On May 17, 2013, the deceased on May 17, 2013, the deceased Party B taken over the proceedings of the deceased Party B’s heir (child, Plaintiff C and V, each of whose inheritance shares was 1/2).

From 29, the part from 10th to 14th of the decision of the first instance shall be amended as follows.

Article 162(3) of the former Capital Markets Act provides that “The amount to be compensated pursuant to Article 162(1) of the said Act shall be the amount to be compensated pursuant to Article 170(2) of the said Act.” Article 170(2) of the said Act provides that “The amount to be actually paid by each claimant in acquiring the securities, and the amount to be actually paid in acquiring the securities, and ② if the securities were disposed of before the closing of argument, the disposal price thereof and the securities were not disposed of before the closing