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(영문) 대구고등법원 2004. 7. 2. 선고 2004나378,2004나385(병합) 판결
[손해배상(기)][미간행]
Plaintiff and appellant

The Korea Deposit Insurance Corporation (Attorney Park Young-soo, Counsel for the plaintiff-appellant) of the bankrupt Joint Financial Corporation in Yong-Nam, a lawsuit taking over the lawsuit

Defendant, Appellant

Defendant 1 and 13 others (Law Firm Taeyang, Attorneys Lee In-hee et al., Counsel for the defendant-appellant)

Conclusion of Pleadings

June 1, 2004

The first instance judgment

Daegu District Court Decision 200Gahap22908, 2002Gahap3789 decided Dec. 9, 2003

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

Purport of claim and appeal

The part against the Defendants in the judgment of the court of first instance is revoked. The part against the Plaintiff is revoked. Defendant 1,00,000, Defendant 2, Defendant 3, 4, 5, 6, 7, 8, and 9 respectively, and Defendant 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000, and each of the above amounts were reduced from the Plaintiff’s damages for delay by 20,000,000,000,000,000 per annum from the date of delivery of the copy of the complaint of this case to May 31, 200, and 20,000 per annum, respectively, with Defendant 13 jointly and severally with the co-defendant of the court of first instance (the Plaintiff’s damages for delay).

Reasons

The reasons for this decision are as follows. The portion of “Third,” from 14th to 20th 10th 10th 18th 14th 18th 10th 20th 10th 10th 10th 20th 20th 20th 18th 18th 10th 10th 20th 10th 10th 10th 10th 1

Third, even if the payment guarantee was issued on March 18, 1997, there is no evidence to acknowledge that the above payment guarantee was a payment guarantee related to the sale of unsecured bills prohibited under Article 11(1) of the Guidelines for the Management of Gold Business. However, according to the statements No. 3-1, No. 2 and the testimony of Non-Party 1 as witness of the first instance court, Defendant 2, 3, 4, 6, 14, 10, 11 were attending the board of directors on March 29, 197, and 1.3 billion won (one billion won, interest, 3.3 billion won, annual interest rate) issued by the Defendants on the above payment guarantee, and there is no evidence to acknowledge the payment guarantee guarantee of Non-Party 2 as the payment guarantee of Non-Party 3's new bonds under the old Act for the purpose of securing the payment guarantee of Non-Party 1's new bonds as the payment guarantee guarantee of Non-Party 3's new bonds under the old Act.

Therefore, the plaintiff's respective claims against the defendants of this case are dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed and it is so decided as per Disposition.

Judges Choi Woo-sik (Presiding Judge) Lee Dong-young

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