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(영문) 서울고등법원 2019.06.12 2018나2059107
손해배상(기)
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

The reasoning of the reasoning of the judgment of the court of first instance concerning the instant case is that the “principal claim” in the judgment of the court of first instance is “preliminary claim” and “preliminary claim” are “preliminary claim.” The reasoning of the judgment of the court of first instance concerning the instant case is that of the corresponding part of the judgment of the court of first instance, except as otherwise determined in paragraph (2), since it is identical to that of the corresponding part of the judgment of the court of first instance, it is accepted in accordance with the main sentence of

The Plaintiff asserted that the primary claim was made from January 8, 2007 to March 24, 2010, sent a total of KRW 600,000 to the Defendant or G’s account. Of them, the Plaintiff did not receive a refund of KRW 45,500,000 among them.

On December 30, 2010, Defendant, G, and I prepared a written performance by selling 527,570 shares of Q, etc. to creditors, including Plaintiff and P, by March 31, 201, to repay their obligations to creditors. In addition, Defendant and I sold 527,570 shares of Q, etc. until March 31, 201 and signed and sealed by attending and sealed on December 30, 201, and received a letter of performance certification as to the above written performance and confirmation on the same day.

Upon preparing the aforementioned confirmation document, etc. on January 6, 2011, the Defendant agreed to pay the amount of KRW 45 billion for the failure to return.

Thus, the defendant is obligated to pay the plaintiff the unclaimed amount of KRW 450 million and delay damages.

Judgment

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 8, 9, and 11, ① a performance statement (Evidence No. 8) drafted on December 30, 2010, stating that “to sell and redeem shares 527,570 shares of Q, etc. by March 31, 201,” together with the statement that “to sell and redeem them by March 31, 201,” the name and seal or signature of creditors, including G and Plaintiff, P, etc., and the name of the Defendant and I, and ② a written confirmation drafted on January 6, 2011 (Evidence No. 9) also sells shares 527,570 shares of Q, etc. by March 31, 201, and redeem them according to their debt ratio.

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