(영문) 서울고등법원 2017.06.28 2017나1143 | 리걸엔진

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(영문) 서울고등법원 2017.06.28 2017나1143

손해배상(기)

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for the court’s entry of this part of the underlying facts is as follows: (a) the “lurturine decision-making process producer” in paragraph (b) of the first instance judgment as “lurine decision-making process producer”; and (b) the “2014 high-class 843” in paragraph (h) as “2014 high-class 943” is the same as the corresponding part of the judgment; and (b) thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the plaintiff's assertion

A. The Defendants were well aware of the fact that, as a director of E, E was paid an investment amounting to KRW 3.5 million per month in accordance with the investment agreement of this case and that it was impossible to perform the construction of the instant machinery, etc. even though they were aware of the fact that E was paid an investment amount to the Plaintiff. However, the Defendants discovered such circumstance and caused the Plaintiff to invest KRW 125 million in the Plaintiff intentionally or by gross negligence. Thus, the Defendants are jointly and severally liable to compensate the Plaintiff for damages caused to the Plaintiff due to the payment of the investment amount.

In addition, the amount of damages is KRW 250 million, including the Plaintiff’s investment amount of KRW 125 million and penalty of KRW 1250 million as stipulated in the instant investment agreement, and the amount of damages is KRW 250 million. The Defendants are jointly and severally liable to pay the Plaintiff KRW 250 million and damages for delay.

B. As a matter of course, the Defendants are jointly and severally and severally liable for damages or agreed money arising from joint and several sureties, and the Defendants jointly and severally guaranteed the obligations under the instant investment agreement with the Plaintiff, and E did not perform the obligation to install the instant machinery in Suwon-si, Suwon-si, and thus, the Defendants are jointly and severally liable to pay the Plaintiff KRW 250,000,000,000,000,000, which is the total amount of the investment money, in accordance with the instant investment agreement.

The Defendants, as joint and several sureties, shall be jointly and severally against the Plaintiff.

참조조문

-민사소송법 제420조

유사 판례

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