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(영문) 서울고등법원 2018.11.01 2017나2071391
손해배상(기)
Text

1. Of the judgment of the court of first instance, the purport of the claim is modified by the court below to F. The defendant F.

Reasons

1. The first instance court’s claim against the co-defendant company of the first instance court was accepted, and dismissed the claim against Defendant F, Selection G, and H respectively.

Accordingly, only the plaintiffs appealed against Defendant F, Selected G, and H among the judgment of the first instance. As such, the scope of the trial of this court is limited to the part concerning Defendant F, Selected G, and H.

2. The reasoning why this Court is stated in this part of the premise is the same as the “1. Basic Facts” stated in the judgment of the court of first instance, except for dismissal or addition as follows. Therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The “Defendant Company” of the first instance judgment is collectively referred to as the “Co-Defendant Company of the first instance.”

Part 4 of the decision of the court of first instance is added to the following contents, and the "Ma" of the 21st sentence is added to "F".

E. On March 19, 201, the KJ prepared and issued a written confirmation of the following (hereinafter “instant confirmation”) to the designated parties G and Defendant F.

I would like to pay 50 million won for the unpaid wages of defendant FF first with the unpaid wages by receiving the agreement dividends with T on behalf of J. The remaining amount of 485 million won shall be refunded to creditors, such as X,Y, Z, AA, and AB at the same time by returning the registered real estate in its name and by completing the registration of transfer of ownership under the name of I corporation, and the payment will be made by settling the fine related to the Jeju-do tax of Jeju Island and the cost of attorney-at-law sealed by J.

From 5th to 13th of the judgment of the first instance court, the 5th to 5th of the judgment is as follows.

G. G of the representative director of the I Co., Ltd. (hereinafter “I”) receives KRW 539,462,347 (hereinafter “instant dividends”) from the Chuncheon District Court on March 28, 2011 as the principal and interest of KRW 535,00,000 out of the said dividends in accordance with the instant confirmation, and then, KRW 50,000 among them is Defendant F.

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