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(영문) 서울고등법원 2015.01.23 2014나24640
손해배상(기)
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

Basic Facts

The reasons why this Court is used for this part are as follows: ① each “Defendant” shall be read as “Defendant Company and Co-Defendant D of the first instance trial”; each “Defendant D” shall be read as “Co-Defendant D of the first instance trial”; ② in the 9th judgment of the first instance court, the phrase “7 evidence” in the 6th judgment of the first instance is the same as the corresponding part of the judgment of the first instance, except that the phrase “7 evidence, B, 6, and 7 evidence” is deemed to be “7 evidence, 6, and 7 evidence”; thus, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure

Since Co-Defendant D of the first instance trial (hereinafter “D”) violated Article 188-4(4)1 and 2 of the former Securities and Exchange Act, it is liable for damages to the plaintiffs who purchased G issuance shares in accordance with Article 188-5(1) of the former Securities and Exchange Act or Article 750 of the Civil Act due to the price formed by the fraudulent unfair trading of this case, and subsequently suffered damages due to the decline of the price thereafter. The defendant company, which comprehensively succeeded to the merger of the obligations of G company due to the merger, is liable for compensation for damages incurred to the plaintiffs by D, who is the representative director of G company, through the interview of the press of this case pursuant to Articles 35 and 756 of the Civil Act.

According to the facts of the recognition of the Defendant Company’s liability for damages, ① the act of D, which continuously spreads false and exaggerated facts about the progress status of and prospects for the KGG development project in Uzbekistan, which is being promoted by G through the media, constitutes an act of spreading false facts to gain unfair profits through the increase of the stock price of G Co., Ltd., and falls under Article 188-4(4)1 of the former Securities and Exchange Act, and ② the act of D, which omitted the fact of acquisition and disposal of borrowed stocks in the report on the stock ownership status of major shareholders in the situation where the interests of investors in the above GG mining development projects were concentrated, causes misunderstanding to investors by using false or inadequate reports on important matters.

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