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(영문) 서울고등법원 2016.12.28 2016누57191
청산금청구
Text

1. The defendant's appeal is all dismissed.

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

3. Text of the judgment of the court of first instance;

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of part of the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2.Nos. 3 10, the following shall be added to the third or additional part below:

f. The Defendant paid KRW 38,939,241 to Plaintiff A, and KRW 18,691,978 to Plaintiff B, respectively, as the repayment of settlement money, on November 28, 2016, when the trial was in progress, the Defendant paid KRW 11,12 for each of the following reasons: “No. 13 and No. 14-1, and No. 2 shall be added to Plaintiff B, and KRW 18,691,978.”

The third 19-20 parallels are as follows.

Therefore, the Plaintiffs are obligated to pay the Defendant, as part of the explicit claim, and in the case of Plaintiff A, KRW 162,060,759 (i.e., KRW 201,00,000 as initially claimed - KRW 38,939,241 as of November 28, 2016), and in the case of Plaintiff B, KRW 182,308,02 as of the liquidation amount (i.e., KRW 201,00,000 as initially claimed - KRW 18,691,978 as of November 28, 2016) and the damages for delay thereof are claimed as follows.

As the plaintiffs seek from March 26, 2016, the following is added to KRW 162,060,759, and KRW 182,308,02 to Plaintiff B and each of them (as of March 25, 2016, the day following the date of the announcement of the transfer of this case) from March 26, 2016, which is the due date for payment (as the day following the day of the announcement of the transfer of this case), 5% per annum prescribed by the Civil Act until December 5, 2016, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment."

According to the statement in the evidence No. 5, "(On the other hand, according to the statement in the evidence No. 5, the settlement money is the "part of the settlement money" of the minutes of the extraordinary general meeting held on October 17, 2015.

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