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(영문) 대전고등법원 2015.12.24 2014나4604

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the following changes or additions, thereby citing them as they are in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be altered or added;

A. The third part of the judgment of the court of first instance is replaced by " April 15, 2004" in the fourth part of the judgment of the court of first instance as " April 15, 2005."

B. On the ground of recognition of No. 14 of the first instance judgment, “No. 36” is added to the ground of recognition of No. 4 of the first instance judgment.

C. On August 6, 2005, of the first instance judgment, the part of the first instance judgment, i.e., “after acquiring 261,346 shares of G from H,” shall be changed to “after acquiring 261,346 shares of G,” and the part following the second part of the first instance judgment, i.e., i.,

“The Defendant, while holding the name of 261,346 shares of G taken over from H, exercised the right to the shares or obtained personal benefits therefrom in conflict with the interests of the Plaintiff.

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D. On the 7th page of the first instance judgment, the following portion of the “A” shall be added.

Comprehensively taking account of the overall purport of the entries and arguments in the evidence No. 23, No. 37-1 through 3, and No. 21, and No. 222, as to the defendant, the facts charged against the defendant as to the forgery of private documents and the uttering of falsified investigation documents, and the alteration of private documents and the uttering of falsified private documents regarding the audit report (Evidence No. 18) with the Daejeon District Court 2015Da1732, Jun. 9, 2015, as the Daejeon District Court 2015No. 1732, Aug. 30, 2005; however, it is difficult to reverse the facts charged against the defendant as to the acquisition and transfer of the above shares 261,346 shares, which were recognized earlier.

[Attachment]

3. Therefore, the plaintiff's claim of this case shall be accepted within the scope of the above recognition and the remaining claims shall be dismissed as it is without merit. Accordingly, the judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.