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1. The part against Defendant E among the judgment of the first instance is revoked, and the Plaintiff’s claim corresponding to the revoked part is revoked.
Reasons
1. Scope of the judgment of this court;
가. 원고는 제1심에서 이사인 피고 C, D, E에 대하여는 상법 제399조 제1항, 감사인 피고 F에 대하여는 상법 제414조 제1항에 따라, ① 피고들에 대하여 특허권의 가장양수에 관한 손해배상을 구하고, ② 피고 C, D, F에 대하여는, ㉮ T 대여금 및 인정상여, ㉯ 2011년 기타 선급금 명목 횡령, ㉰ 피고 D 가지급금 손실처리, ㉱ Z 명의 차입금에 대한 회사 예금 담보제공, ㉲ AB 총판계약 보증금 손실, ㉳ X으로부터의 차용금에 관한 손해배상을 구하였다.
B. During the Plaintiff’s above claim, the first instance court accepted the Plaintiff’s claim for damages against the Defendants regarding the disguised acquisition of patent rights, the claim for damages against the Defendant C, D, and F regarding the provision of company deposits in the name of Z, the claim for damages against the Defendant C and D regarding loans borrowed from X in relation to the Defendant C and D, and the claim for damages against the Defendant D regarding T loans and recognized contributions, and rendered a judgment dismissing the remainder of the claim.
C. Accordingly, the Plaintiff appealed against Defendant C, D, and F, as to the claim for damages regarding the acquisition of patent rights, which are the part against which Defendant E lost, and Defendant C, D, and F did not appeal.
Therefore, the scope of the judgment of this court is limited to the part against the plaintiff in the judgment of the court of first instance against the defendant C, D, and F and the part against the defendant E, i.e., (i) the part against the plaintiff in the judgment of the court of first instance against the defendant C, C, D, and F, (ii) the claim for damages against the defendant C, D, and F with respect to the embezzlement under the name of advance payment in 201, (iii) the claim for damages against the defendant C, D, and F, (iv) the claim for damages against the loss of the total AB sales deposit against the defendant C, D, and F, and (v) the claim for damages against the defendant F with respect to the acquisition of the patent right against the defendant E.
2. Basic facts
A. The plaintiff (the plaintiff) (the plaintiff).