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(영문) 서울고등법원 2016.01.13 2014나60332

투자금

Text

1. The plaintiff, among the part against the defendant B of the judgment of the court of first instance, falls under the amount of additional payment order.

Reasons

1. In the first instance court, the plaintiff sought 105,200,000 won and damages for delay against the defendants due to illegal acts in relation to the payment of each of the money listed in the separate sheet. The first instance court shall accept the defendant Eul's fraud amount as stated in the separate sheet No. 20,120,000 won and damages for delay as stated in the separate sheet No. 18,120,000 won and damages for delay as stated in the separate sheet No. 18,19 against the defendant C, and all of the remaining claims are dismissed. Since it is apparent in the records that the court added the plaintiff's damages claim or damages claim for delay due to non-performance to the part against the plaintiff in the judgment against the plaintiff in the whole against the plaintiff, the summary and part of the damages claim against the defendant Eul and the part of the damages claim against the defendant C and the part of the damages claim against the defendant 1,120,000 won and damages for delay are excluded from the separate claim of the defendant's first instance court.

A. The Defendants conspired with the Plaintiff during the period from September 4, 2007 to August 13, 2009, as shown in the separate sheet, deceiving the Plaintiff as if they were valuable shares even if they were valueless shares, and then sell them to the Plaintiff, and then, in which case they would receive the money as the purchase price from the Plaintiff, or (2) would be repaid without the mold if they were to lend money without the intention or ability to repay, and then deceiving the Plaintiff to do so, the Defendants would receive 15,200,000 won in total by receiving the money as the loan from the Plaintiff.