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(영문) 서울고등법원 2017.02.09 2016나556
채권조사확정재판에 대한 이의의 소
Text

1.The judgment of the first instance shall be modified as follows:

Seoul Central District Court 2014. 6 August 2014 2014.

Reasons

1. The reasons why the court should explain in this decision are to use part of the reasoning of the judgment of the court of first instance as follows. In addition to the addition of the defendant's argument to "paragraph 3", the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Part 8 of the first instance court’s first instance judgment “only the evidence submitted in the instant case” was stated as “In light of various circumstances of the first instance trial, all the evidence submitted by the Defendant up to the trial and the circumstances surrounding the argument.”

B. Part 13 of the 18th 13th 13th 13 decision of the first instance court stating, “In light of the above circumstances, in light of the above circumstances, the evidence submitted by the defendant up to the trial and the circumstances of the argument shall be considered.”

(c)the following shall be added between conduct 16 and 17 of the first instance judgment:

Meanwhile, as in the case where an employer is liable for an employer’s tort due to an employee’s negligence, if the victim was negligent in contributing to the occurrence and expansion of the damage, then the scope of the employer’s liability may be limited by taking into account the victim’s negligence in determining the scope of the employer’s liability (see, e.g., Supreme Court Decision 2000Da56952, Dec. 26, 2002).

D. The 23th to 5th of the judgment of the first instance court shall be followed as follows.

(C) The Plaintiff appealed as Seoul High Court Decision 2015Na2056749 on August 18, 2016, and the above court appealed as Seoul High Court Decision 2015Na205749. The Plaintiff on August 18, 2016, ① Korea Investment Securities as KRW 28,47,052,312 and delay damages as to KRW 27,542,225,00 among them, ② New Financial Investment as well as KRW 12,865,941,96 among them, and KRW 12,462,593,010 among them.

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