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(영문) 서울고등법원 2017.10.27 2017나2029192
예금반환청구의 소
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

The reasoning of this Court is that the judgment of the court of first instance is subject to 4 pages.

After the last run of the port of call, “Article 24 (Partial Redemption of Beneficiary Certificates) (1) A beneficiary may file a claim for a redemption of part of the number of units of beneficial rights held by him/her,” and [Article 24 (Partial Redemption of Beneficiary Certificates)] part of “No. 4” is the same as the corresponding part of the judgment of the first instance, except where “No. 4 and No. 5” is used as “No. 5” and thus, it is cited as it is in accordance with the main

Plaintiff

The rationale for this part of the claim is as follows: (a) the court has a duty to accept the second beneficiary certificates as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the cases where the right to benefit from investment trust 2) as stated in the judgment of the court of first instance 5-69,789,568 won as stated below; (b) as to the second beneficiary certificates, (c) the plaintiff has a duty to claim for redemption against the defendant by serving a copy of the prior suit with respect to the number of shares belonging to his statutory shares out of the second beneficiary certificates (if the right to benefit from investment trust 2 is a divisible claim), and (d) the defendant has a duty to pay the plaintiff 189,103,583 won (=2,54,789,568 won as of April 20, 2015) as stated in the judgment of the court of first instance 30,508 won as to the plaintiff's statutory shares, and (e) the remaining amount of the plaintiff's claim for redemption 3030,1630.

The reasoning of the court's judgment on the defendant's main defense is that of the judgment of the court of first instance.

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