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(영문) 서울고등법원 2017.01.24 2016나2028185

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, some of the judgments shall be added as follows:

2. The 3rd page 12 of the judgment of the court of first instance, "No. 7837", written as "No. 7838," written as "No. 7838," shall apply.

On the 5th of the first instance judgment, "Patn Law" has been amended into "Partn Law".

5 pages 8 of the first instance judgment, “Evidence 1, 2-1, and 2 of the A” shall be added to “Evidence 11, 12, and 13 of the A.

From the 7th to 10th of the first instance judgment, GP, which was registered under a partnership agreement of CVPA L.P., is a CVPA, unlike the Defendant’s assertion, in light of the following circumstances, which can be acknowledged by comprehensively considering the overall purport of the entries and arguments of evidence Nos. 3, 5, 6, 7, and 9, as well as the overall purport of the arguments, CVPA is merely a typely registered as CVCP L.P., and it is recognized that the Defendant actually carried out the work of CVPAP L.P., a substantial owner of the transfer income of the instant shares.

"Flags".

Once the judgment of the court of first instance is eight, 5 to four investment advisory contracts (hereinafter referred to as “instant investment advisory contracts”).

this case’s investment advisory contract of this case(hereinafter “this case’s investment advisory contract”).

"Flags".

3. Addition of Judgment

A. According to the facts acknowledged above as to the defendant's liability, it is reasonable to view that the defendant merely as an investment advisory company, it is difficult to regard it as being involved in the business of CVPAP L.P., and it is reasonable to view it as having performed that

The evidence presented by the Defendant in the first instance trial is difficult to view the foregoing differently even if the statement of evidence Nos. 19 through 31, which was additionally submitted by this court, is added to the evidence.

Therefore, even if the defendant did not have registered as CVPAP L.P. GP under the partnership agreement, he/she shall be unlimited to the debt of CVCPAP L.P. as a substantial GP of the above company.