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(영문) 대법원 2016.1.28.선고 2014다236335 판결
손해배상(기)
Cases

2014Da23635 Compensation (e.g., damage)

Plaintiff (Appointedd Party), Appellee

A person shall be appointed.

Defendant, Appellant

A person shall be appointed.

Judgment of the lower court

Seoul High Court Decision 2012Na39266 Decided October 31, 2014

Imposition of Judgment

January 28, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the reasoning of the judgment below, the court below found facts as stated in its reasoning after compiling the adopted evidence, and determined that the normal share price of the Defendant Joint Defendant F Co., Ltd. F (hereinafter “F”) prior to the publication of the truth, such as the Defendant’s false publication, false publication, and stock price manipulation, was KRW 90, and that the stable share price of F ordinarily formed in the stock market after the aforementioned truth was published was KRW 340, and thus, the Defendant is liable for compensation for damages caused by the decline in the share price caused by the Plaintiff (Appointed Party) and the appointed parties on the basis of such normal share price and stable share price. Examining the records in light of the relevant legal principles, the judgment of the court below is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the scope of

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.

Justices Park Jae-young

Justices Kwon Soon-il

Justices Kim Yong-deok

Note 1: Park Poe-young

Justices Kim Jae-han

Site of separate sheet

A person shall be appointed.

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