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(영문) 서울남부지방법원 2017.12.14 2016나59155
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

1.

Reasons

1. The reasons for the court's explanation concerning this case are as follows, and the reason for the acceptance of the judgment of the court of first instance is the same as the reasons for the judgment of the court of first instance, except for the rejection of each of the evidence Nos. 2 and 6, since it is not sufficient to recognize the facts of the limited liability company specialized in securitization. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. The third instance judgment of the first instance court “(10)” was followed by:

On the same day, the Doctrine Asset Management Co., Ltd. received a claim from the Defendant Limited Company and completed the registration of transfer of the above right to collateral security, and on the same day, the Doctrine Capital Co., Ltd. established a pledge on the right to collateral security of the Doctrine Asset Management Corporation.

(b) The fourth, fourth, and fourth instances of the judgment of the first instance are as follows.

“A non-Korean Capital Co., Ltd. received dividends in the distribution procedure in the aggregate of KRW 5,127,652,272,00,000 per annum 21% until June 3, 2015, as the mortgagee of the right to collateral security and the date of distribution, as the mortgagee of the right to collateral security.”

(c) in Part 6 of the fourth decision of the first instance court, the phrase “BA 1” shall be added.

The defendant limited liability company in the 18th, 7th, 8th, 12, and 19th, "the defendant limited liability company" in the 6th, 18th, 7th, and 8th, shall be considered as "the defendant limited liability company" respectively.

(e)by the first instance court's decision 6th day from "the defendant limited liability company" to "the defendant limited liability company" 21th day from "the defendant limited liability company" to "the defendant limited liability company" are raised as "the result"

(f) The third sentence of the first instance judgment of the court of first instance “ June 3, 2016.” shall be deemed to read “ June 3, 2015.”

3. In conclusion, the plaintiff's claim against the defendants is justified within the scope of each recognition as above, and each remaining claim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and all appeals by the defendants are dismissed as it is without merit. It is so decided as per Disposition.

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