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

Purport of claim and appeal

The first instance court.

However, the following judgments are added to the grounds for appeal by the defendant.

2. Additional determination

A. The summary of the grounds for appeal filed a lawsuit against the Defendant with the same content as the instant case (this Court Decision 2016Da79923, Sept. 25, 2012) against another fund, where the Plaintiff’s executive partner performs his/her duties, to which the Plaintiff’s claim for damages was filed (this Court Decision 2016Da79923, Sept. 25, 2012). In this lawsuit, the Defendant led to the confession of the fact that the Defendant violated the statement and the duty

Thus, the defendant can revoke his confession only if he proves that the confession was against the truth and due to mistake. The judgment of the court of first instance held that the confession in conflict with the confession in the relevant final and conclusive judgment was not satisfied, even if this requirement was not satisfied.

In the judgment of the court of first instance, there is an error of law by misunderstanding the legal principles as to revocation of confession in court.

B. The party’s assertion in another lawsuit, which is the case related to judgment, is not binding as a judicial confession under Article 288 of the Civil Procedure Act.

(See Supreme Court Decision 96Da31116 delivered on November 15, 1996). Even if the Defendant was a person who stated false facts in the instant proposal in a pleading in another litigation case, this is merely a confession outside the trial and constitutes one of the grounds for evidence.

The plaintiff's assertion that there is an error of misunderstanding of legal principles or misunderstanding of facts in the judgment of the first instance court is based on the premise that the statement of the party to another lawsuit is binding as a judicial confession.

3. The plaintiff's appeal is dismissed on the ground that it is without merit.