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Reasons
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(영문) 서울고등법원 2019.09.26 2019나2017957
손해배상(기)
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1. The plaintiff's appeal and the plaintiff's selective and conjunctive claim added by this court are all dismissed.

2...

Reasons

1. Basic facts

A. 1) The Plaintiff is a shareholder of C and a former spouse of D. The Defendant is a person who served from around 2008 to January 201, 201 as a director in charge of accounting of C (management director). 2) D is a representative director of C, and the Plaintiff’s spouse.

N is an infant between the Plaintiff and the Defendant, who was the representative director of C from January 8, 2013 to August 12, 2015.

B. On September 25, 2012, the Plaintiff and D’s lawsuit for divorce and division of property 1) filed a lawsuit seeking nullity of marriage with the Plaintiff with the Seoul Family Court [the Seoul Family Court was 2012ddan8033, but the case was 2013dhap3156 by the ruling of the financial agreement on April 1, 2013], and the Plaintiff filed a counterclaim against D on March 22, 2013 (the Seoul Family Court was 2013ddan21263, and was 2013dhap3163, Apr. 1, 2013). The first instance court dismissed the Plaintiff’s principal lawsuit, and sentenced the Plaintiff and the Plaintiff (the Plaintiff Counterclaim 2013dhap3163, Apr. 1, 2013), among the Plaintiff’s counterclaim, to the effect that the judgment of the Seoul Family Court accepted the divorce and part of the division of property (the Plaintiff Counterclaim 40% and D60%) (the above judgment 2131536364.365)

2. All of the claims by the Plaintiff (Counterclaim Defendant) and the claims by the Defendant (Counterclaim Plaintiff) for consolation money are dismissed.

3. The Plaintiff (Counterclaim Defendant) is a division of property against the Defendant (Counterclaim Plaintiff).

A. Of the real estate listed in the separate sheet Nos. 1, the transfer registration procedure for ownership transfer based on the fixed date of this judgment is implemented with respect to each share of 2/5

(b) to transfer each share listed in the separate sheet 2, notify the issuing company of the share transfer;

(c) 1,34,00,000 won and 5% interest per annum from the day following the day this judgment becomes final to the day of complete payment.

4. The costs of lawsuit shall be one-half of the total principal lawsuit and counterclaims.

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