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(영문) 서울남부지방법원 2020.09.03 2019나66956
손해배상(기)
Text

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

Expenses for appeal shall be borne individually by each person.

purport, purport, and.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument of the court of first instance, and the fact-finding and decision of the court of first instance are justified even if the evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning for this Court’s entry is as follows, excluding the part to be determined additionally as follows, and thus, the reasoning for the judgment of the first instance is identical to the ground for the judgment.

2. Additional determination

A. The plaintiff asserts to the effect that in this case where it is obvious that the defendants' illegal acts and the investors' damages were caused thereby, the court can calculate the amount of damages to the extent that the court considers it reasonable, without recourse to expert evidence.

B. Where an investor who has acquired stocks in the issuing market or the distribution market due to an act of spreading false information files a claim for damages under the Civil Act on the ground of such an act, the damages suffered by the investor is the normal share price deemed to have been formed at the time of acquisition if the investor had not committed such an act and the share price formed due to an illegal act, and is equivalent to the difference between the actual amount paid by the investor and the actual amount paid by the investor for acquiring the stocks (where the investor sells stocks at a price above

In this context, when calculating the normal share price, the difference between the share price index during the period (case period) affected by the expert's appraisal and the share price index that would have been conducted without the illegal act is meaningful in a statistical sense, based on the influence of the illegal act, the share price change is considered to have been made.

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