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(영문) 서울중앙지방법원 2019.05.21 2018나55786
공동불법행위에 의한 손해배상
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. In the first instance court, the Plaintiff requested the Defendants to pay the guaranteed liability based on the letter of guarantee for payment of investment money, in the first instance court, when the Plaintiff primarily claims compensation for damages arising from joint tort by deceitation of investment money.

The judgment of the court of first instance partially accepted the main claim and dismissed the conjunctive claim.

In light of the nature of the claim, when both of the selective claims are brought by the parties in the form of a consolidation of the primary and conjunctive claims, they are allowed to file a lawsuit for non-contentious conjunctive claims, which is limited to the order and scope of the trial proceedings (see, e.g., Supreme Court Decision 98Da17145, Sept. 4, 2002). Since each of the above claims of the plaintiff is compatible with all of them, it is deemed that each of the claims in the selective consolidation relationship is not the preliminary consolidation of the original meaning, but the non-joint

As the judgment of the court of first instance has appealed against the part against which the plaintiff partly accepted the plaintiff's primary claim, the part concerning claims against E, G and H shall be excluded from the scope of the judgment of this court.

2. Facts of recognition;

A. On February 2008, K established L Co., Ltd. on or around October 2014, and established N Co., Ltd. on or around September 2010, and undertaken FX M Co., Ltd. and FX M Co., Ltd., U Shepher gas investment projects, etc. by establishing overseas corporations, including N Co., Ltd. from around September 2010.

(hereinafter referred to as “FX M&D business, etc.”). B.

K is carrying out the above project at the 8th floor of the Yeongdeungpo-gu Seoul Metropolitan Government Office, the M Office in the P, the 23th floor of the Yeongdeungpo-gu Seoul Metropolitan Government, and the 18 branch offices in the Seoul Metropolitan area, the branch office head shall be the head of the headquarters in accordance with the investment attraction performance by each branch, and the head of the headquarters shall be the head of the branch office, the head of the headquarters, and the head of the team, such as the appointment of some of the persons he/she has recruited as the head

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