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(영문) 부산고등법원 2017.09.28 2016나57741
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. In the first instance court’s trial scope, the Plaintiffs filed a claim against the Defendants for the payment of each damages indicated in the “amount claimed by each Plaintiff” column in the separate sheet as listed in the separate sheet, and the remaining Plaintiffs except Plaintiffs E, F, G, H, I, J, and K filed a claim for the payment of damages jointly with the above Defendants against the joint Defendant D Co-Defendant D Co-Defendant Partnership in the first instance trial (hereinafter “Co-Defendant in the first instance trial”).

The first instance court accepted the claims against the co-defendant of the first instance court except the plaintiffs E, F, G, H, I, J, and K, and dismissed all the claims against the defendants of the plaintiffs.

Accordingly, both the Defendants and the co-defendants of the first instance court filed an appeal, and the Plaintiffs subsequently withdrawn an appeal against the co-defendants of the first instance court by submitting the written withdrawal of the appeal as of June 16, 2017.

Therefore, the scope of this court's adjudication is limited to the plaintiffs' claims against the defendants.

2. The reasons for the acceptance of the judgment of the court of first instance are as follows. The reasons for the acceptance of the judgment are as follows: “Defendant D Farming Association Co., Ltd.” to “Co., Defendant D Co., Ltd.,” and the reasons for the judgment of the court of first instance except for the determination of the Plaintiffs’ addition to the allegations added by this court are as stated

3. Additional determination

A. The Defendants asserted the Plaintiffs’ additional assertion that they received money by establishing a multi-stage sales organization and soliciting investments, and that they made false statements to many unspecified victims including the Plaintiffs from May 2014 as follows.

Codefendant of the first instance trial is an incorporated farming association that sells the hub products of “AE” and raises profits. AE’s shares, such as a large-scale investment, are expected to be held at a par value of 500 won per share, but at least 15,000 won per share, will immediately be paid at a par value of 15,000 won per share, and when joining the first and second members (sales members) in its own name, it may receive dividends of at least 3% per year, and as a subscription gift, from AE.

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