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(영문) 서울고등법원 2020.01.17 2019나2009338
채무부존재확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited the instant case is as follows, and the reasoning of the judgment of the court of first instance is identical to that of the defendant, except for further determination as to the defendant’s assertion as set forth in Article 420 of the Civil Procedure Act, and such conclusion is cited as it is in accordance with the main sentence of

2. The third part of the judgment of the court of first instance, " September 1, 201" in the first part of the judgment of the court of first instance, shall be added to " August 31, 201."

The attached Form 11 of the third judgment of the court of first instance shall be in accordance with the attached Form of the judgment of the court of first instance.

No. 3 of the first instance judgment "4,52,213,650 won" shall be added to "4,52,213,650 won" in the third instance judgment of the first instance.

The third part of the judgment of the court of first instance, 17 to 18, "the plaintiff was in heavy interest," shall be followed as follows.

As between November 3, 2008 and May 7, 2012, the Plaintiff purchased 1,136,860 shares of C during the period from November 3, 2008 to May 7, 2012, and held 3,946,203 shares totaling 2,809,343 shares from December 7, 2009 to May 2, 2012 (i.e., 1,136,860 shares, 2,809,343 shares). The judgment of the appellate court became final and conclusive around the first instance judgment (Seoul High Court Decision 2018No2107).

The 5th page of the first instance judgment is to add “each entry of the evidence Nos. 19 and 38” to the 5th page of the judgment.

The 7th of the judgment of the first instance is subject to the obligation to pay damages for delay calculated at the rate of 5% per annum from the day following the receipt of payment." The 7th of the judgment of the first instance shall be subject to the obligation to pay interest or damages for delay on the period from the day after receipt to the day of full payment.

The 11th judgment of the court of first instance was sent to the plaintiff's domicile", and the defendant manages the 11th judgment of the court of first instance on the information of the entrusted account of this case.

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