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(영문) 부산고등법원 2020.07.09 2019나53368

손해배상(기)

Text

1. The appeal by the Plaintiff (Counterclaim Defendant) and the appeal by the Plaintiff (Counterclaim Defendant) Co., Ltd. against the Defendant (Counterclaim Defendant).

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows. (1) The reasoning of the judgment of the court of first instance citing this case is as follows. (2) The judgment on the defendant's counterclaim claim filed in this court is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment as set forth in paragraph (3) below. Thus, it is accepted in accordance with the main sentence of Article

2. The 2nd page 2 and the 3rd page 5th page 2, respectively, shall be considered as “Plaintiff B”.

The 6th parallel 20 to 21th parallel are as follows:

【6) Accordingly, the Defendant appealed as Busan District Court 2019No744, but the appellate court rendered a ruling dismissing the Defendant’s appeal on August 29, 2019. The Defendant again appealed as the Supreme Court Decision 2019Do12775, but the appellate court dismissed the Defendant’s appeal on October 18, 2019, and the relevant criminal judgment became final and conclusive around that time.

"T" is added to the 7th 15th 16th 16th 16th 16th 16th 16th 16th 16th 2th 13th 2th 2th 13th 2th 2th 2th 2th 2th below. The prosecutor of the prosecution of this case, taking into account the contents of the transfer contract of this case with the Plaintiff, accepted the Defendant’s defense suit that, at the time of entering into the transfer contract of this case with the Plaintiff, the Defendant arranged the Defendant as not having settled the Defendant’s obligation to the Plaintiff A, and accordingly, the Defendant would have taken a disposition for embezzlement of this part of this case without suspicion as to the above embezzlement of this part of this case, and the Plaintiff B’s defense is without merit. On the other hand, if the Defendant received the above amount of the promissory note from the Plaintiff, then the amount equivalent to the above amount equivalent to the Plaintiff B’s claim against the Plaintiff.