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(영문) 제주지방법원 2018.08.22 2017나10664
손해배상(기)
Text

1. The plaintiff's appeal against defendant C and K shall be dismissed.

2. Of the judgment of the first instance, the part against Defendant C and K shall be revoked.

Reasons

1. The plaintiff's appeal against the defendant C and K is lawful, prior to the judgment on the merits of the appeal against the above defendants, the plaintiff was rendered a favorable judgment against the above defendants in the first instance court. Since there is no benefit to appeal against the above defendants, the plaintiff's appeal against the above defendants is unlawful.

2. Judgment on the merits

A. The Plaintiff asserted as the Plaintiff’s creditor of the limited liability company L (hereinafter “L”) filed an application for a compulsory auction against L, but Defendant D, E, H, I, J, K, etc. to have the Plaintiff file a lawsuit claiming wages, etc. against Defendant D, E, H, I, K, etc. with a false representation that the Plaintiff would not receive dividends in the above compulsory auction procedure, and upon receiving a favorable judgment in favor of a non-litigation, the Plaintiff infringed the Plaintiff’s right to receive dividends by receiving dividends from the above Defendants C, D, E, H, I, J, J, and K in the above compulsory auction procedure.

Therefore, Defendant D, E, H, I, J, and K are liable to compensate the Plaintiff for the amount stated in the claim corresponding to the amount of each false dividend, and Defendant B, and C jointly with the above Defendants for the entire amount of the claim that the said Defendants received unfairly.

(b) The facts below the facts are recognized in accordance with the purport of each of the statements and arguments in Gap's 1 to 4, which are significant in this Court, or which are based on the whole purport of arguments

1) Defendant C, D, E, H, I, J, and K filed a lawsuit against L with the Jeju District Court for claiming wages, etc. on June 7, 2013. The judgment of the court below that “L was rendered final and conclusive at the rate of KRW 3,792,00, KRW 4,81,860 to Plaintiff D, KRW 5,152,00 to Plaintiff E, KRW 4,736,00 to Defendant H, KRW 5,616,00 to Defendant J, KRW 4,672,00 to Defendant J, and KRW 2,436,00 to Defendant K, and KRW 20% to the day of full payment from March 20, 2013.”

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