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(영문) 대법원 2018.11.29 2016다44080
청구이의
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court determined that compulsory execution based on the instant judgment constitutes an abuse of rights, and that KRW 17,006,921, which the Defendant received as dividends, should be returned to the Plaintiff.

In light of the relevant legal principles and records, although the reasoning of the court below is partially inappropriate, the conclusion of the court below is just.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles on joint and several obligations, violating the rules of evidence, or incomplete trial.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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