logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.09.19 2013나80292
손해배상
Text

1. The part against the Defendants in the judgment of the court of first instance is revoked, and the Plaintiff corresponding to the revoked part is the Defendants.

Reasons

1. The reasons why this Court has used this part of the facts of recognition are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the fact that “Supreme Court 2013Da29736” is deemed to be “the Supreme Court 2013Da29493,” and thus, the reasoning for the judgment of the first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. The gist of the Plaintiff’s assertion is that the Defendants suffered losses equivalent to KRW 67,393,860,000 in addition to the allowances for bad debts in violation of the statement and guarantee that “no illegal or non-performing credit extension, etc. exists except as otherwise indicated in the disclosure list of this case” under Article 7(2) of the instant new shares acquisition agreement, and thus, the Defendants are directly liable for damages to the A bank within the scope of KRW 10,000,000,000, which is the maximum amount of damages under Article 10(3

However, in accordance with Article 10, Paragraph 3, 4, and 6 of the above Agreement, as the underwriter was recognized as above, the underwriter of the new stocks of this case established the “ero-rayed” or “ero-rayed” as a private equity fund around June 2010, and “ero-rayed” was transferred from the “ero-rayed” on August 10, 2010 to the underwriter’s status under the new stocks acquisition contract of this case, and only said “ero-rayed” was deemed to be “ero-rayed” for convenience.

A Bank may claim against the Defendants only the remainder of the compensation limit, in case where it has selected to pay to it the amount equivalent to the underwriter’s share ratio of KRW 10 billion, which is the maximum compensation limit. Thus, the Defendants must pay to A Bank the amount obtained by subtracting the amount to be paid by the Defendants from the 10 billion Won.

3. Determination

A. The items of and the asset soundness classification status and reasons for the illegal and non-performing credit extension, and the accumulation of the allowances for bad debts to the ero financing system and the ero financing system, which are one existing shareholders of A Bank’s “damage”.

arrow