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(영문) 서울남부지방법원 2016.01.28 2015나58636
손해배상(기)
Text

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. Determination as to the cause of claim

A. On June 11, 2014, the Plaintiff’s summary of the Plaintiff’s assertion: (a) by deceiving the actual operator of D Co., Ltd. to E and lending money to said Co., Ltd.; (b) the said Co., Ltd. was a company incorporated with the most advanced payment without actual capital; and (c) the Defendants were shareholders holding 30% of the shares of said Co., Ltd. (60,000 shares) as shareholders, and did not pay 30 million won of shares.

However, E did not refund the above loan 19,663,497 won to the Plaintiff, thereby causing damages equivalent to the above amount. Thus, the Defendants are jointly and severally liable for damages to the Plaintiff pursuant to Article 322(2) of the Commercial Act as the promoters of the above company responded to the best payment.

B. However, there is not sufficient evidence to acknowledge the plaintiff's above assertion only with the descriptions of evidence Nos. 1 and 6, and there is no other evidence to acknowledge it, the plaintiff's assertion is without merit.

2. If so, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit. The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal against the defendants is dismissed in its entirety without just cause. It is so decided as per Disposition.

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