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(영문) 서울고등법원 2018.08.17 2018나2002040

배당이의

Text

1. All appeals filed by the plaintiffs and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The court's explanation concerning this case is based on the reasoning of the judgment of the court of first instance, citing some of the reasoning of the judgment of the court of first instance as follows, or adding some of its explanation, and it is identical to the reasoning of the judgment of the court of first instance except for the modification as set forth in paragraph (2) below, thereby citing this case by the main sentence of

The following parts shall be added to the tenth (16) of the first instance judgment:

Since Plaintiff A omitted a tax return on the dividend or interest of Defendant E and F in accordance with Defendant E and F’s instructions, Plaintiff A’s KRW 120,000,000, equivalent to at least 50% of the aforementioned KRW 241,216,676, which was paid by Plaintiff A as a result of a tax investigation in around 2013, should be deducted from the amount that the Defendants should have received as dividends.”

The 6th sentence of the first instance judgment of the court of first instance (hereinafter "the first instance judgment") shall be applied to "the first instance judgment" as "the second sentence."

The first instance judgment No. 25 of the first instance judgment’s second instance judgment deleted the Plaintiff’s primary argument.

The first instance judgment of the first instance court's second sentence "this part of the plaintiffs' primary arguments are without merit." This part of the second sentence's judgment of the second instance applies to "The plaintiffs' assertion that KRW 189,300,000 which the plaintiff contributed to the fourth agreement shall be deducted from the investment bond is without merit."

The first instance judgment No. 26 of the first instance judgment’s first instance judgment’s second instance judgment’s “the Plaintiff’s conjunctive assertion” shall be deleted.

The first instance judgment No. 26 of the first instance judgment stated that the plaintiffs' assertion that "Therefore, the plaintiffs' assertion that this part of the preliminary assertion is without merit is without merit. Therefore, the plaintiffs' assertion that KRW 109,750,395 of the excess dividend of defendant E and F should be deducted from the investment bond return claim is without merit."

2. A modification of the part in the judgment of the court of first instance shall be made to the following:

[2] The Defendants’ assertion (1) Plaintiff A, B, and K are monthly against Defendant E and F in accordance with the fourth agreement.