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(영문) 대구고등법원 2015.01.13 2014나20470

사해행위취소등

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1. The plaintiffs' appeal against the defendants and the claims for the ex post facto reimbursement added in the trial are all dismissed.

2...

Reasons

1. Basic facts

A. The elderly group was delegated by the State to operate the aggregate collection place (hereinafter “the aggregate collection place in this case”) as a direct management of seven districts in the elderly group located in the Nakdong River, which is a national river, located in the Nakdongdong River, and operated the aggregate collection place in this case.

B. The Plaintiffs, while serving as an inorganic worker or a registered security guard in the instant aggregate extraction site, performed duties of guard, removal of aggregate from office, surveillance, etc., and the Defendants served as the head of the field office of O, P, P, Q and R Co., Ltd.

C. The Plaintiffs conspired with the Defendants to remove aggregate from April 2007 to March 2010 without permission by manipulating records on the removal of aggregate. Accordingly, the Plaintiffs and the Defendants were convicted of both violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The elderly group filed a lawsuit against the plaintiffs as the Seogu District Court Branch 2012Gahap1956, but the owner of aggregate removed without permission was the state, and thus, the elderly group was sentenced to dismissal judgment on the ground that there was no claim for damages against the elderly group. On the above judgment, the elderly group appealed from the Daegu High Court 2014Na21537, which is currently pending in the appellate court.

E. Afterward, Korea filed a lawsuit claiming damages against the Plaintiffs, which was the sum of KRW 1,026,044,140, and its delay damages, as the Seoggu District Court Branch Decision 2014Gahap230, and was sentenced to the judgment for the claimant. The Plaintiffs appealed against the above judgment and is currently pending in the appellate court as the Daegu High Court Decision 2014Na22148.

(hereinafter referred to as “relevant damages claim lawsuit”). E.

The plaintiffs are under criminal proceedings.