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(영문) 서울고등법원 2016.10.19 2015나2034374
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as follows, and the reasoning for the judgment of the court of first instance is identical to that for the plaintiff’s assertion added in the trial of the court of first instance, except for those determined as follows 3. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Ministry of Land, Transport and Maritime Affairs of No. 2, No. 15 of the decision of the court of first instance shall turn “Ministry of Land, Transport and Maritime Affairs” into “Minister of Land,

The fourth 6-10 of the judgment of the first instance court is as follows.

A person shall be appointed.

A. The Defendant, separate from D, agreed that when entering into a direct investment contract with G, H, and I (hereinafter “G, etc.”), the Defendant would directly return the investment amount to G, etc., as long as the establishment of C was lost, the Defendant is obliged to return the investment amount to G, etc., as long as the establishment of C was lost.

Even if the defendant did not agree to return the investment amount to G, etc., the defendant is obligated to return the investment amount to G, etc. as long as he/she keeps the investment amount of G, etc. for the purpose of capital contribution.

[Attachment 4] 15 of the first instance court's decision "," and 17 of the first instance court's decision shall be as follows:

However, the Defendant used D’s investment funds received from G, etc. for the establishment of C, and, if the establishment of C was failed to be returned to G, in violation of the obligation to return it to G, etc., and used it for the refund of investment to an asset management company, which is unrelated to the establishment of C, or for the establishment of the establishment cost or the establishment cost thereof, or for the establishment of the

As a result, G et al. suffered from losses that could not be refunded after the establishment of C.

Therefore, the defendant is liable for damages equivalent to the amount invested by G, etc. under Article 401 of the Commercial Act.

Part V of the judgment of the first instance court "The entries of evidence 10 and 28 of the A and the witness J's testimony" are "A 10,000.

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