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(영문) 서울고등법원 2019.01.10 2018나2040578
손해배상(기)등
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

Plaintiff (Appointed Party).

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the part added or modified as stated in the following paragraph (2). Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

[The grounds alleged by the Plaintiff (Appointed Party) and the appointed parties in this Court are different from the contents alleged in the first instance court. However, even if considering the evidence additionally submitted to this court by the Plaintiff (Appointed Party) and the appointed parties, it is not different from the fact-finding and judgment of the first instance court. 2. Additional and modified part of the first instance judgment, which is stipulated in the first instance court’s 5th page “(1).” (hereinafter “minimum risk management system”) is added.

The following shall be added under the fifth letter of the judgment of the court of first instance (at least the increase of deposit money).

[5] In addition, in order to prevent an excessive increase in risk that may arise from option sale, the Defendant added "the items" in Part 7 Item 4 (excluding Table 7) of the first instance judgment to "those items" (excluding Table 7) and "the dissenting trade" in Part 7 Item 7 (excluding Table 7) of the first instance judgment, and added "the opposing trade" to "the court" in Part 9 of the first instance judgment to "the first instance court" in the part 8 Item 9 of the first instance judgment. In addition, "the dissenting trade" is amended to "the first instance court" and "the second instance court" in the part 9 of the first instance judgment to "the second instance court". The second part of the first instance judgment is amended to "the second part 16th part 16th part 16th part of the first instance judgment."

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