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(영문) 서울고등법원 2020.10.15 2020나2003664

손해배상(기)

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The judgment of the first instance court shall be amended as described in paragraph (2) below.

The plaintiff's primary and conjunctive claim against the defendants.

Reasons

1. The reasons why this Court is stated in this part of the underlying facts are the same as that of “1. Basic Facts” in the reasoning of the judgment of the first instance, if it excludes the following parts, and thus, they are included in summary in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The title "1.b." in the third part shall be as follows.

on September 4, 2014 through September 9, 2014, She transferred the sum of KRW 10 million to Defendant C’s account (Account Number AI; hereinafter “Defendant C account”) in the name of the Defendant C using the name of L (M bank N, hereinafter “L account”), the O (P union, Q, hereinafter “O”) account, etc., one’s own child, under the pretext of supporting the U.S. in the instant case.

On September 4, 2014, the amount of the day payment method was transferred from the O account to the Defendant C account from September 4, 2014 to the Defendant C account; KRW 5 million deposited from the L account to the Defendant C account on September 4, 2014; and on September 10, 2014, the J transferred KRW 1,50,000 from L to the Defendant C account on September 3, 2014 to the Defendant C account on September 4, 2014, the sum of KRW 1,50,000,000 from September 3, 2014 to the Defendant C account, “The sum of KRW 31,95,00,000,000,000 was transferred from September 3, 2014 to the second two, “The payee transferred the sum of KRW 17,000,000 to the Defendant C account, and transferred it again to the Defendant C account.”

The 8-10 portion (the part of the reasoning for recognition of the basic fact) from the 4th table shall be added to the following.

[Ground for Recognition] Unsatisfy, Gap evidence Nos. 1, 6, 8, 9, 10, 16 through 18, 22, 27, 28, 30, 40, Eul evidence Nos. 3 and 4 (including each number, if any; hereinafter the same shall apply)

(i) Eul's entry in No. 19 and the purport of the whole pleadings;

2. The reasons why the court constitutes the Plaintiff’s claim are as stated in this part of the reasoning of the judgment of the first instance, since it is the same as stated in Chapters 3 through 4, and 11 among the grounds of the judgment of the first instance.