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(영문) 서울고등법원 2018.04.20 2017나2043389

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for this part of the reasoning is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, this part of the reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. As to the cause of claim

A. The grounds for this part of the claim for damages due to embezzlement of dividends are as stated in the corresponding part of the reasoning of the judgment of the first instance except for addition or deletion as follows. Thus, this part of the claim is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The dividends for profits under paragraph (1) of the first instance judgment shall be added "38,500,000" after the date of the first instance judgment.

Part III through IV of the judgment of the court of first instance shall also be deleted.

On the 3rd page of the first instance judgment, "No. 17, 18" shall be added to "No. 8-1 through 7" of the 14th instance judgment.

Part 3 of the judgment of the court of first instance shall be deleted from Part 16 to 19.

B. The Plaintiff’s assertion 1) The grounds for this part of the claim are as stated in the corresponding part of the reasoning of the first instance judgment, except for dismissal or deletion as follows. Thus, this part of the claim is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. From No. 4 of the first instance judgment to No. 8 of the first instance judgment, “$ 49,919 (which is alleged to be USD 29,954 (which seems to be an error in calculation. However, it seems to be an error in calculation)” has been calculated as “$ 29,954.” On No. 4 of the first instance judgment, “197,84,186 won” in No. 12 of the first instance judgment, “154, 186 won” was written as “154,560, 136 won. From No. 4 to No. 5 of the first instance judgment, 10 items were deleted, and 15 N of the claim for damages were written as to “No 1, 150000.