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(영문) 서울고등법원 2018.07.26 2018나2000488

손해배상(기)

Text

1. Of the judgment of the first instance, KRW 219,325,883 against the Plaintiff and the Plaintiff shall be fully paid with respect to the Defendant from March 29, 2017.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except in the following cases:

In the judgment of the first instance, all of the parts written as “Defendant B” shall be changed to “Co-Defendant B of the first instance trial.”

In the judgment of the court of first instance, all of the parts written as "the defendant" shall be "the defendant and the co-defendant B of the court of first instance".

At the third or fourth level of the judgment of the court of first instance, the part of the "A evidence No. 9" at the fourth or fourth level of the judgment is as follows.

“A’s No. 9 is written on the cover and the end of the cover, and the Defendant’s signature is affixed on the front side of the end, and the Defendant recognizes that the signature on the cover, which is written on the front and front door, is based on his seal. As seen earlier, the Defendant acknowledges that each signature on the cover and the front door, which is written on the cover, is the pen of his own seal, and that the signature on the front and front door, which is written on the cover and the front door, is also recognized as being signed and sealed by the husband himself or herself, and the authenticity thereof is established. The evidence No. 9 and No. 5 are written on the cover of the same content except for the contract period, and the following is added to “A’s recognition” at the bottom of the fourth instance judgment of the first instance.

In addition to the above facts, the following circumstances revealed by Eul, along with the purport of the entry of the evidence No. 3 and the entire pleadings, namely, the draft repayment plan submitted by the defendant upon filing an application for individual rehabilitation with the Suwon District Court 2014da138593 on October 6, 2014, contain revenue equivalent to the monthly average sales commission received under each sales agency contract of this case. This is not only because the defendant has already been aware of the fact that each sales agency contract of this case was already concluded at the time of the application for individual rehabilitation, but also income therefrom.