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(영문) 서울고등법원 2019.11.22 2019나2015944
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation of this case is the same as the part corresponding to the plaintiff among the reasons for the judgment of the court of first instance. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Provided, That some of the judgment of the first instance shall be amended as follows:

[Revision] From the fourth page of the judgment of the court of first instance, the term "V limited liability company and V limited liability company" shall be changed to "V limited liability company and V limited liability company".

No. 7 of the judgment of the first instance court was invested in the amount of KRW 9 billion, and the same shall apply as follows.

“The amount of KRW 9 billion was invested in KRW 5 billion” (the first and second (the first and the appellate court’s judgment on Defendant L, etc.) stated that “N invested in KRW 9 billion” as to this part of the evidence No. 1, but according to the purport of the entire pleadings as to the evidence No. 36, N is clear that the amount invested in AG on February 12, 2008 is KRW 9 billion.0 million.

[] On 7-5 of the first instance court's decision, "the total amount of KRW 11.94 billion was accounted for as provisional payment by the representative director," the first instance court's decision No. 7-5 was followed as follows.

The above total amount of KRW 11.94 billion was accounted for as the provisional payment by the representative director (as seen above, N shall be the total amount of KRW 11.99 billion invested in AG; however, the above criminal judgment states that "the amount of accounting by the representative director shall be KRW 11.94 billion invested in N's total amount," and the records of this case cannot be confirmed by the records of this case. Thus, the "amount of accounting by the representative director as the amount of the provisional payment" shall be viewed as "the amount of KRW 1.94 billion invested in AG" as "the amount of KRW 1.94 billion invested in N's total amount," and the above criminal judgment shall be construed as "the amount of KRW 1.94 billion invested in N' as the actual amount of N's investment."

(7)Nos. 7 and 10 of the first instance judgment shall be added to:

“The amount of money given or remitted to Defendant M et al. (such as above) is deemed to have been financed with capital of KRW 11.94 billion and other funds held by AG.

(i) the first instance court;

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