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(영문) 부산고등법원 2018.04.04 2017나52392
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The reasoning of the court's explanation in this case is as follows, and this part of the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is under Article 420 of the Civil Procedure Act.

《고치고 보태는 부분》 제1심판결문 제13면 제18행부터 제14면 제1행까지의 기재 부분을 아래와 같이 고친다.

5) As a result of the Plaintiff or A’s satisfaction of payments under the standard terms and conditions for loans, standard terms and conditions for loans of mutual savings banks, and standard terms and conditions for credit transactions of mutual savings banks, the amount of KRW 2,798,56,374 out of the principal and interest of loans of this case No. 3 as of July 12, 2017 (the principal and interest of this case shall be KRW 1,198,242,939), KRW 5,623,326,383 out of the principal and interest of loans of this case (the principal and interest of this case shall be KRW 2,291,641,641,737), KRW 4,603,409,212 out of five principal and interest of this case (the principal and interest of this case shall be the principal and interest of this case shall be in excess of each corresponding amount which was collected by the first instance court) (the principal and interest of this case shall be in excess of each corresponding amount.

1) 【No dispute over the facts alleged in the grounds for recognition”: evidence No. 2-3, evidence No. 6, 7, and 8; evidence No. 102-2, evidence No. 3; evidence No. 112; evidence No. 113-2; evidence No. 116-1 through 7, evidence No. 117, and 118; evidence No. 1119, 120; evidence No. 1, 2, 3, evidence No. 123, 124; evidence No. 137 through 142; evidence No. 6; evidence No. 137 through 142; evidence No. 15-1; evidence No. 37; evidence No. 15-1; evidence No. 365; evidence No. 37; evidence No. 15-1; and evidence No. 37; evidence No. 4; and evidence No. 5-1; and evidence No. 7

Article 401-2 (1) of the Commercial Act shall apply to the following subparagraphs:

1. A person who instructs a director to conduct business by using his influence over the company;

2. A person who directly performs business under the name of director;

3. Directors are not directors; and

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