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(영문) 대전고등법원 2015.06.26 2013나1103
손해배상(기)
Text

1. Of the judgment of the court of first instance, the judgment against the Defendant (Counterclaim Plaintiff) that ordered payment of the following amount.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is the same as that of the judgment of the court of first instance, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. The reasoning for this part of the judgment of the court of first instance is as follows: (a) the statement of evidence No. 17 and No. 18 of the court of first instance, each of which is insufficient to acknowledge the Plaintiff’s assertion as evidence submitted in the court of first instance; and (b) the result of each court of first instance’s order to submit financial transaction information at each of the court of first instance, which is insufficient to recognize the Plaintiff’s assertion; and (c) the Plaintiff’s new argument (additional claim) at the court of first instance is added as follows; and (d)

B. In full view of the Plaintiff’s assertion and determination as to the mandatory delivery of the object acquired by the mandatory, the Plaintiff’s assertion and determination 1) evidence Nos. 2, 3, and 4 as to the cause of the Plaintiff’s claim, and the overall purport of the pleadings, the Defendant prepared a written resolution that the Defendant paid benefits under the name of E, F, G, H, and I that it did not actually work, and the amount of KRW 128,847,954, which is the actual amount of the above payment, from February 18, 2008 to April 18, 2011, which is KRW 128,847,954, which is the actual amount of the above payment, under the Defendant’s business expense (including the J’s benefit), may be acknowledged as having received money from the J and the Defendant’s account or cash. Therefore, the Defendant is obliged to pay the Plaintiff’s above damages for delay, and the Defendant asserts that all of the money received from the mandatory or other things delegated to the Plaintiff in relation to the Plaintiff’s business.

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