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(영문) 서울고등법원 2015.05.15 2014나42631

손해배상

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

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

Reasons

1. The reasons for this part of the underlying facts are as follows, and they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, given that the reasoning for the judgment of the first instance is the same as the corresponding part of the reasoning for the judgment

① The “Evidence 1 through 9 (including branch numbers, if there are branch numbers; hereinafter the same shall apply)” in the 11th sentence of the first instance judgment is as follows: “Evidence 1 through 9, 13 (including respective numbers; hereinafter the same shall apply), and Evidence 17-1; “Evidence 3-1 through 3 of Evidence 3 of the first instance judgment” in the 8th sentence of the first instance judgment as “Evidence 1 through 3 of Evidence 3, and Evidence 13 of the said judgment”; “Plaintiffs” in the 13th sentence of the first instance judgment as “Plaintiffs and investors of each of the funds of this case”.

(2) From 16th to 21th day of the judgment of the first instance shall be as follows:

[2) The lender, including the National Bank, who is the trustee company of each of the instant funds, filed a lawsuit seeking damages against the gold industry by the Seoul Central District Court 2012 Gohap57854 and was sentenced to winning in the first instance trial.

However, in the case of the Seoul High Court 2013Na75283, the appellate court, “The gold Industry violated the obligation to complete the responsibility by suspending the construction of the instant development project, and thus, barring any special circumstance, it is liable to compensate for damages to the lender, such as the National Bank. However, in the joint management proceeding for the gold industry under the Corporate Restructuring Promotion Act, the creditor financial institutions in the creditor financial institution’s financial institution’s financial industry pursuant to the Corporate Restructuring Promotion Act decided to postpone the redemption period of the claims against the gold industry, and to “equity swap” all the above claims, the judgment was rendered to dismiss all the claims of the lender, such as the National Bank, etc. on the ground that the claims

The appeal is filed against the above judgment and the final appeal is currently filed.