구상금
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
The judgment below
According to the reasoning, the lower court dismissed the Plaintiff’s claim for indemnity on the ground that, insofar as the remaining value of the Fund beneficiary certificates of this case is not determined by the date of closing the argument in the lower court, it cannot be deemed that the damage suffered by the Defendant’
Examining the relevant legal principles and the evidence admitted by the lower court, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the occurrence of damages and the calculation of damages, thereby failing
The Supreme Court precedents cited in the ground of appeal by the Plaintiff are different from this case, and thus are inappropriate to be invoked in this case.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.