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(영문) 서울고등법원 2016.02.05 2015나18932
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly set forth the Plaintiff KRW 75,755,483 as well as those.

Reasons

Basic Facts

The reason why this Court is used in relation to this part is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of each of the following parts. Therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant B (hereinafter “Defendant B”) in the second page of the judgment of the first instance court, “Defendant B”)” in the second page of the judgment of the second instance, means “Defendant F Co., Ltd. (the former trade name is B Co., Ltd., Ltd.; hereinafter “Defendant Company”)”.

Each "Defendant B" after the second page of the judgment of the first instance court is raised to "Defendant B", respectively.

From 4th to 5th of the decision of the first instance court, the first-class 1 of the 4th to 5th of the decision is as follows.

From February 11, 201 to March 23, 2011, the Plaintiff purchased 233,535 shares on the recommendation of Defendant C. The purchase price was KRW 569,145,565. The Plaintiff sold 65,535 shares of the shares so purchased and paid KRW 177,768,150 in total as the purchase price. Ultimately, at the time of the suspension of transaction on March 23, 2011, Alt Electronic shares owned by the Plaintiff were 168,00 shares (23,535 shares - 65,535 shares). The main point of the Plaintiff’s assertion is that Defendant C purchased alt Electronic shares with Alt Electronic’s contract or acquisition with Samsung Electronic, major investors’ mass execution, submission of audit report, etc., but knew that it caused damage to the Plaintiff’s shares or caused damage to the Plaintiff’s e-mail by intentionally purchasing it through broadcast or by gross negligence.

The Defendant Company entered into the instant use contract with the Plaintiff and received its membership fees, and is the other party to the Internet broadcast service site.

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