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(영문) 서울고등법원 2015.01.16 2013나65798

손해배상금

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked, respectively.

Reasons

1. The following facts do not conflict between the parties, or each of the following facts is deemed to be a "stock sales contract" and "a delegation letter and a certificate of stock custody" of the evidence No. 1 to 12 [the defendants asserted that each of the above documents was forged by a third party, but the defendant C Co., Ltd. (hereinafter "Defendant C"), which affixes a seal on each of the above documents.

) The fact that the stamp image of Defendant C is based on the Defendant C’s seal imprint is not a dispute between the parties, and the authenticity of each of the above documents is presumed to have been established, and there is no other evidence to reverse the above presumption). The above presumptions Nos. 2-1 through 4, 3, 5, 6, 12-1, 2, 13-1, 2, 13-2, 30, 31-1, 2, 32-1, 32-2, and 2 may be acknowledged after considering the whole purport of the pleadings.

Defendant C (the trade name was F Co., Ltd. at the time of its incorporation and changed to the trade name as of September 2, 2010) was established on February 20, 209, and Defendant C was appointed as the inside director and the representative director of Defendant C on the same day, and Defendant C added bonds and securities sales business to the objective business on August 25, 2010.

B. Defendant C, the representative director of the Defendant B and vice president L, had the management director M and the director of the operating group J, and again had the managing director H, the director of the accounting division I, and the chief of the accounting office NE under M. The employees of a large number of directors and the office office AA, etc. under J, including O, P, Q, Q, R, T, U, V, W, X, Y, and Z. The above officers and employees, including the Defendant B, were paid certain allowances in accordance with the number of investors recruited by each investor by promoting the investment business of Defendant C, which would raise profits by investing in the national tax paid in kind (which was paid by the company in lieu of national tax payment).

C. Defendant B shall hold a project explanation meeting to the effect that Defendant C would distribute high profits by investing in the stocks paid in kind.