손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reason for the acceptance of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Therefore, it is acceptable to accept it according to the main sentence of Article 420 of the Civil Procedure Act.
2. On the third page 1 of the judgment of the court of first instance, the part written after dismissal "At present, the defendant has held 4,800 shares out of the shares of this case," and "after that, the defendant transferred the name of the shareholder of 4,800 shares out of the shares of this case to I of the defendant."
The 3rd to 13th of the judgment of the first instance shall be followed as follows.
“(1) Of the shares 20,000 shares of this case, 16,000 shares were reduced at par value, and the Defendant received KRW 76,00,000 out of the capital reduction amount of KRW 80,000 (=16,000 shares x 5,000 won) from the non-party company, and will receive the remainder of KRW 4,00,000. As such, the Defendant arbitrarily disposed of the shares of this case held in title by the Plaintiff without the Plaintiff’s consent, or received the capital reduction and dividends for the shares of this case, and embezzled them without returning them to the Plaintiff, thereby incurring damage equivalent to the property value or appraised value of the shares of this case. Accordingly, the Plaintiff suffered from the loss equivalent to the capital reduction amount of KRW 90,400,000,00, and the amount equivalent to the dividends that the Defendant received or is scheduled to receive by the Defendant as part of the damage, and the Defendant sought payment of damages for delay from them.”
The five pages of the judgment of the first instance court shall be 9 as follows:
[No. 3] Part of the Evidence No. 3, Part of the Testimony No. 400, and Part of the Evidence No. 7, “No. 7,”
3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.