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(영문) 서울고등법원 2017.01.11 2016나2003414

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: (a) evidence additionally submitted at the court of first instance, which is insufficient to recognize that Sung Jin Jin C had the Defendants paid the amount equivalent to the company purchase card loans by deceiving the company bank; and (b) this court rejected the fact-finding result on the case of this court; (c) the purchasing company at the time when the company used the exclusive-use card for the purchase of shares received money from the card company did not notify that the delivery details of the card was false; and (d) the card company requested the payment without notifying the fact that the delivery details of the credit card was sent to the card company; and (e) the card company was actually providing the same as the delivery details transmitted by the card company; and (e) the card company delivered the money equivalent to the above payment amount, the card company did not know that it had the capacity to reject the payment due to the most false delivery details of its service; (e) if it is recognized that the card company did not have the relation to the payment by the card company, the act of fraud constitutes a 20-based act of fraud without notifying the above 20th company.