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(영문) 대법원 2019.10.31 2019다205978

손해배상금 등

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All appeals are dismissed.

The costs of appeal by the plaintiff are assessed against the plaintiff and the defendant B.

Reasons

The grounds of appeal are examined.

1. As to the Plaintiff’s ground of appeal, the lower court rejected the Plaintiff’s claim against Defendant C on the grounds as indicated in its reasoning.

In light of the relevant legal principles and records, there are some inappropriate parts in the reasoning of the lower court, but the lower court’s conclusion is acceptable, and there were no errors by misapprehending the legal principles on title trust, by violating the rules of evidence, or by failing to exhaust all necessary deliberations, etc

2. As to the grounds of appeal by Defendant B, the lower court determined that Defendant B suffered damages equivalent to KRW 688,209,80 on the grounds of Defendant B’s breach of trust and embezzlement.

In light of the relevant legal principles and records, the above determination by the court below is acceptable, and there is no error by misapprehending the legal principles as to the calculation of damages, or by failing to exhaust all necessary deliberations, which affected the judgment.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.