beta
(영문) 서울고등법원 2018.10.30 2018나2017080

손해배상(기)

Text

1.The part of the judgment of the court of first instance concerning the principal action, including the claim for the principal action changed in the trial, is as follows:

Reasons

1. The court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance except for dismissal or addition and deletion as follows. Thus, the court cites this case by the main text of Article 420 of the Civil Procedure Act.

2. A part of the first instance court’s decision to dismiss or add and delete “O” in paragraph 6 of the fourth instance court’s decision shall be read as “V”.

The following shall be added to the 4th judgment of the court of first instance, and the 8th judgment of the court of first instance shall be deleted from 17th to 21th judgment.

Of the instant agreement, the Defendant stated that the Plaintiff C at the time includes the remainder of KRW 256,378,560, and KRW 560,000 in cash from KRW 59,230,000 to KRW 300,000,000,000 for the Defendant’s retirement pay of KRW 250,000 to KRW 300,000,000 for the Defendant’s retirement pay of KRW 300,00,000 for the Defendant’s retirement pay of KRW 250,00,00 for the Defendant’s retirement pay of KRW 30,00,00 for the Defendant’s account. Furthermore, the amount of KRW 250,00 for the Plaintiff’s remainder of the instant agreement and KRW 35,00,00 for the hospital products, KRW 13,871,80,00 for the Defendant’s nursing service, including KRW 18,582,941,760 for each of the Defendant’s apartment.

“1) In managing the deceased’s personal property as delegated by the deceased, the Defendant, the cause of the principal lawsuit, embezzled or fraudulently, as follows, the sum of the deceased’s property KRW 293,141,760 ( KRW 42,441,760,00,000, in total, KRW 42,441,760, in total, KRW 400,000,000, in total, per annum 42,441,760, in total, is liable to pay the Plaintiff, the heir of the deceased, as compensation for tort, and delay damages therefrom.

3-A.

1) According to the agreement between the deceased and the defendant mentioned in subsection (b), the deceased will pay 300 million won of retirement allowance and expenses to the defendant.