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(영문) 서울고등법원 2016.11.25 2015나2028539
손해배상
Text

1. All appeals against Defendant D and appeals against Defendant C, E, F, and G are dismissed.

2...

Reasons

1. This Court’s reasoning concerning this part of the basic facts is the same as the corresponding part of the judgment of the court of the first instance, except in the following cases. Thus, this Court’s reasoning is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The third parallel 3th parallel 5th parallel 5th parallel 5th parallel is as follows:

He Co., Ltd. and I (hereinafter referred to as “Japan”) located in the east of Japan and Japan, and “Japan”.

The plaintiff A is substantially operating, and the plaintiff A is the representative director and the largest shareholder of the plaintiff H in Japan, and the Japanese H is the largest shareholder of the Japanese I in Japan. The following is added to the third and third end of the 8th century.

On August 3, 2016, the Plaintiff and Defendant D have been divorced in accordance with the judgment of divorce rendered by the Japanese court on August 3, 2016. The part of “Defendant F is presumed to have been presumed to have been presumed to have been the seat of Defendant D” from “Defendant F” to “Defendant F is the seat of Defendant D.”

【Based on Recognition, the respective entrys in the Evidence of Nos. 19, 23, and 24 (including each number)” shall be added to [The Grounds for Recognition]

2. Judgment on the plaintiffs' assertion

A. The Defendants asserting that they are joint tortfeasors for the following reasons are jointly liable to compensate the Plaintiff A for the damages amounting to KRW 538 million and KRW 870 million to the Plaintiff B.

1) Although Defendant D actually did not intend to operate its business through the instant legal entity and pay its profits to the Plaintiffs, it was acquired from the Plaintiffs by deceiving the Plaintiffs as “it is possible to pay a lot of money if it establishes and operates the instant legal entity in the form of a single subsidiary,” and by remitting a total of KRW 1.48 billion from the Plaintiffs as the name of the establishment fund of the instant legal entity. (2) Defendant C, E, F, and G were provided to the address of the instant legal entity, and registered as the representative director, and in particular, Defendant E was paid the benefits, etc. from the instant legal entity, and Defendant E and G were transferred to the company whose representative director is Defendant E and G.

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