정산금반환 등
1. The plaintiff's appeal is 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.
1. Quotation of the first instance judgment
A. Even if the evidence submitted in the first instance court and the trial court are examined, the findings of fact and judgment in the first instance court are recognized as legitimate.
B. Therefore, the reasoning for the statement in this case is as follows, and the reasoning for the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420
2. Of the judgment of the court of first instance, the part concerning the determination of the Plaintiff’s assertion (from No. 4 to No. 2 to No. 5), as follows.
B. 1) First, we examine whether Defendant B arbitrarily disposed of the instant mushroom farm without the Plaintiff’s consent or consent and embezzled the price.
The facts recognized in the final judgment of other civil and criminal cases related thereto shall be the precious evidence except in extenuating circumstances. However, in cases where it is deemed difficult to adopt a factual judgment in the final judgment of the relevant civil and criminal cases in light of the contents of other evidence submitted in the relevant civil and criminal trial, it may be rejected, and in such cases, it shall not be necessary to explain the specific reasons for rejection in daily form.
(see, e.g., Supreme Court Decision 92Da51372, Mar. 12, 1993). In relation to the instant case, the health team and Defendant B indicted for embezzlement, but the said Defendant arbitrarily disposed of the mushroom farm without the Plaintiff’s consent.
The facts that the judgment of innocence was rendered and finalized on the grounds that it is difficult to deem that the disposal price was arbitrarily consumed are as seen above.
The facts acknowledged in the above final and conclusive judgment are significant evidence in this case, and the evidence submitted by the plaintiff alone is insufficient to dismiss the above factual judgment recognized in the criminal final and conclusive judgment, and there is no other evidence to acknowledge it.
Rather, the contents of evidence Nos. 2 and 8 and the purport of the whole pleadings are as follows.