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(영문) 부산고등법원(창원) 2015.12.03 2015나22178

구상금

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. At the first instance trial, the plaintiffs claim for reimbursement of 330,000,000 won for reimbursement and damages for delay on the part of the plaintiffs, and at the first instance trial, they claim for reimbursement of 9,000,000 won for reimbursement, Defendant D, Defendant E, Defendant F, and Defendant F, Defendant G, the joint defendants of the first instance trial, KRW 16,50,000,00 for each of the conjunctive claims and damages for delay. The court of first instance dismissed part of the plaintiffs' primary conjunctive claims and partly accepted the conjunctive claims.

Accordingly, the plaintiffs only dispute the part of the conjunctive claim against the plaintiffs while appealed, so the subject of this court's trial is limited to the part of the conjunctive claim against the plaintiffs.

2. The reasoning for the court of first instance, which cited the judgment, concerning the conjunctive claim of this case, is as stated in the corresponding part of the judgment of the court of first instance, except for adding the following judgments, thereby citing the summary claim as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Further matters to be determined are that even if the nature of the compensation liability owed by the Defendants to the Plaintiffs is deemed as a divided liability, the liabilities of F in charge of all business practices of the union by assisting the Defendant D, as the chief executive officer of the union, as the chief executive officer of the union, shall be 30%, 20%, and the liabilities of Defendant E, the chief executive officer of the union, as the chief executive officer of the union, as the chief executive officer of the union, and 5%, respectively, shall be deemed as 5%, respectively. Thus, the internal liability ratio between the Plaintiffs and the Defendants shall be distinguished corresponding thereto, and it shall not be deemed as 1/7 as the same, as the first instance judgment.

However, in the previous judgment, the damages for the original defendants of this case against the association of this case are damages, ① Defendant D is 687,250,000 won, ② Defendant E is in collaboration with Defendant D, and ② Defendant E is 549,800 won out of the above 687,250,000 won.