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(영문) 대법원 2013.10.31 2011다104079
손해배상(기)
Text

The judgment below

Of the above, the part against Defendant B and Z Co., Ltd is reversed, and this part of the case is remanded.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

1. According to the records as to Defendant C’s grounds of appeal, the first instance court sent a complaint, brief, and notice of date for pleading to Defendant C by public notice, and dismissed the Plaintiff’s claim. The Plaintiff appealed to the Hong Kong at the time, and served a written appeal and statement of appeal, brief on February 12, 2009, and notice of date for pleading to the Defendant C residing in Hong Kong at the time, by means of serving them in a foreign country. The Plaintiff, at the fifth date for pleading of the lower court, stated the petition of appeal, the statement of reasons for appeal, and the brief on February 12, 2009, and thereby Defendant C’s statement in the media (hereinafter “Defendant B”) and the Internet-related holding company located in Hong Kong, which is an Internet-related company in the lower court (N, August 13, 2004, hereinafter “N,”) were deemed to have raised the value of Defendant C’s shares by promoting large foreign capital inducement on the date for pleading, and the Plaintiff acquired the Plaintiff’s shares through 5080 shares shares issued.

In the first instance trial, the trial was conducted by public notice for the above defendant.

The above defendant cannot be deemed to have proved the fact that the claim against the above defendant was dismissed.

In the same purport, the court below regarded Defendant C as having led to the confession of the Plaintiff’s claim.

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