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(영문) 서울고등법원 2017.03.30 2016나2074430
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for this court’s explanation is as follows, in addition to adding a judgment on the defendant’s argument, it is identical to the reasoning for the judgment of the first instance court, and thus, it is acceptable to accept it as it is in accordance with the main sentence of

B. The Defendant’s assertion 1) The Defendant: (a) served as the head of the Plaintiff Company’s department until November 30, 2013; and (b) served as the head of the Plaintiff’s headquarters from December 1, 2013 to June 2016; and (c) G, which was the director of the Plaintiff Company’s Korean film team, provided the Defendant with legitimate expectations or trust in concluding an investment contract with respect to film “C”; and (b) caused damages to the Defendant, such as promising the Defendant to make an investment, or giving advice on the scenarios, on several occasions; and (c) as such, the Plaintiff asserts that the Plaintiff and G, who were in a de facto command and supervision relationship, are liable for the employer’s liability with the Defendant for the aforementioned illegal acts, as the Plaintiff had already examined the scenario of “C”’s motion picture investment as the representative of the producer H, which was the Plaintiff’s subsidiaries; and (d) concluded with the Defendant’s motion picture production agreement with the Plaintiff and the Defendant’s e-mails’s assertion from December 15, 2015, 2015, etc.

2. As such, the plaintiff's claim of the principal lawsuit is justified, and the defendant's claim is accepted.

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