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(영문) 대법원 2016.3.24.선고 2012다108320 판결

상환금

Cases

2012Da108320 Redemption

Plaintiff, Appellant

Samsung Saemaul Fund

Defendant, Appellee

Vien Parisba Bank

Judgment of the lower court

Seoul High Court Decision 20114104712 Decided November 1, 2012

Imposition of Judgment

March 24, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

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 Park Jae-young

Justices Kwon Soon-il

Justices Park Byung-hee

Justices Park Poe-young

Justices Kim Jae-han