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(영문) 서울고등법원 2018.07.12 2017나2064607
매매대금반환
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is that of the reasoning of the judgment of the court of first instance, except for the following additional or modified parts, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(The grounds alleged by the Plaintiff in the trial while filing an appeal are different depending on the contents alleged in the first instance court. However, even if considering the additional evidence submitted by the Plaintiff in this court, it is not deemed different from the fact-finding and judgment in the first instance court. In addition, the following is added to the 7th instance judgment of the first instance.

In addition, Articles 394(1) and 394(1) of the Commercial Act (representative in a lawsuit between a director and a company) (1) If a company files a lawsuit against a director or against a director, the auditor shall represent the company in connection with the lawsuit. The same shall also apply in cases where the company receives a request under Article 403(1). In light of the contents of the lawsuit, in this case, if the Plaintiff company files a lawsuit against the defendant who is a director of the Plaintiff company, the auditor shall represent the Plaintiff company in relation to the lawsuit. Therefore, in such a case, the defendant cannot seek the return of short-swing profits on behalf of the Plaintiff company as the representative director of the Plaintiff company. The second part of the

2 Paragraph 2(a)

1. It shall be changed to "paragraph (b)".

2. As such, the part of the lawsuit in this case’s claim for return of short-swing profits is unlawful, and thus, it shall be dismissed. The remainder of the plaintiff company’s claim shall be dismissed as there is no reasonable ground.

The judgment of the court of first instance with the same conclusion is justifiable, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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