상환금
2012Da108320 Redemption
Samsung Saemaul Fund
Vien Parisba Bank
Seoul High Court Decision 20114104712 Decided November 1, 2012
March 24, 2016
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. According to the reasoning of the lower judgment and the reasoning of the first instance judgment as cited by the lower court, the lower court rejected all the Plaintiff’s assertion that the sales of the instant shares constitutes a fraudulent unfair trading as an act of significantly affecting the price of the shares to be formed independently in the market for its own interest and constitutes an unfair trading as an act of significantly affecting the price of the shares to be formed independently in the market, and constitutes an unfair trading as an act of significantly affecting the price of the shares to be formed independently in the market.
Examining the reasoning of the lower judgment in light of the relevant legal principles, the said determination by the lower court is justifiable. In so determining, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on whether to establish connected market manipulation or unfair trading
2. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kwon Soon-il
Justices Park Byung-hee
Justices Park Poe-young
Justices Kim Jae-han