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(영문) 서울고등법원 2016.09.02 2016나2018287
구상금 등 청구의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and thus, this case is cited by the main sentence of Article 420 of the Civil Procedure Act, except for the following reasons.

The 8th parallels 6 to 9 are as follows.

According to the financial statements of “A”, capital of the above company was KRW 1,950,00,000 (1,700,000,000 on June 29, 2012).

) The net loss of KRW 1,876,153,69 in 201, and KRW 1,741,466,974 in 2012, and KRW 1,090 in 2013, 913,915 in 201 has occurred, and the total capital loss has occurred continuously since 201 (the net loss has occurred in 2014 and 2015).

() The debt ratio also increased from 391.3% in 201 to 430.2% in 2013, and the financial standing of the Defendant A continued to worsen (According to each of the statements in the evidence No. 20-6 to 10 of the evidence No. 20) (the Defendant A again achieved net income in 2008 after the occurrence of each of the net losses in 2004 to 2007. However, at the time, the Defendant A did not in capital erosion unlike the year 201 to 2013.

1)No. 8 of the 8th page “450,000,000” shall read “520,000,000”.

Part 11, part of the evidence of Nos. 12 and 13 added "No. 5 and No. 20 (including additional numbers)" to the evidence of No. 11, and the part of the evidence of No. 15 to No. 12 is as follows.

② Defendant F asserted that the sales price of the instant real estate No. 1 was KRW 231,00,000, and that the market price of the instant real estate No. 1 was approximately KRW 340,000,000, around February 2013, the market price of the instant real estate was approximately KRW 70% of the market price at that time. ③ Defendant F asserted that the instant real estate was sold by necessity of urgent cash, and that Defendant F invested cash received from Defendant F in order to normalize A’s management, but Defendant F was liable for collateral security.

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