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(영문) 서울고등법원 2018.05.03 2017나2062786

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked, and above.

Reasons

1. The reasoning for this part of the underlying facts is as stated in the part of “1. Basic Facts” in the judgment of the court of first instance, except for cases where the reasoning for this part is written or deleted as follows. As such, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the rulings of the first instance court, the "Defendant C" of the fourth, fourth, seventh, eight, ten, one3, one3, and twenty shall be written in the form of "C".

Of the judgment of the first instance court, the first 4th 18th 18th 18th 18th 18th 4th 18th 18th 18th 18th 2nd E.

Part V through VI of the judgment of the first instance court shall be deleted.

2. Determination on the claim of the Plaintiff Company

A. The Plaintiff Company’s primary assertion 1) embezzled KRW 881,863,540, which is the Plaintiff Company’s money, and the Defendants participated in the embezzlement of C by concealing the said embezzlement. Therefore, the Defendants are jointly obligated to pay to the Plaintiff Company the amount of KRW 450,000,000, which is a part of the said damages, and the damages for delay thereof. (2) Defendants (i) the amount deposited into Defendant F’s account prior to August 4, 2015, deposited into Defendant F’s account in the name of Defendant G and H, was lent or donated by Defendant F for living expenses, and the amount deposited into Defendant H’s account in the name of Defendant H was lent from Defendant F for agricultural funds from Defendant F, and ② from March 10, 2015 to March 10, 2015.

7. Money deposited into the account in the name of Defendant G until 30.30. (10,0120 won) is paid as the consideration for the transfer of part of the shares in relation to Defendant GD and AA Chinese restaurant (the transfer of Defendant F to D by Defendant F) from Defendant G and E, and ③ the transfer of KRW 100,000 from J on August 4, 2015 to the Defendants is paid as the consideration for each of the KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00