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(영문) 대법원 2015.06.23 2013다216303
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

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

1. As to the ground of appeal No. 1, the lower court determined that the Defendant cannot be deemed an employer of the non-party C Co., Ltd. (hereinafter “non-party C”).

The judgment below

Examining the reasoning in light of the relevant legal principles and records, such determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on

2. As to the ground of appeal No. 2, the lower court, based on its stated reasoning, could have predicted the Defendant’s illegal pre-sale of the non-party company.

It was determined that it was difficult to view it as an implied neglect upon knowing or knowing it.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s determination is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on duty

3. As to the third ground for appeal, the lower court determined that the Defendant was merely the shareholder of the non-party company, and cannot be viewed as a partnership with the non-party company that operates a specific business jointly with the non-party company.

The judgment below

Upon examining the reasoning in light of the relevant legal principles and records, the judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on

4. Examining the reasoning of the lower judgment on the ground of appeal No. 4 in light of the relevant legal principles and records, the lower court can be deemed to have ordered the Defendant to conduct business regarding the lease and sale of commercial buildings by Nonparty Company.

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