Plaintiff

Defendant 1 (Attorney Han-tae et al., Counsel for the defendant-appellant)

Defendant 2 and one other

June 17, 2016

Seoul Eastern District Court Decision 2014Gadan29538 Decided January 14, 2016

1. All appeals by the plaintiff and defendant 1 are dismissed.

2. The costs of appeal shall be borne by each party.

1. Purport of claim

The Defendants are jointly and severally liable to the Plaintiff for KRW 52,820,000 and KRW 22,820,000,000 from April 15, 2014 to the date of the judgment of the court of first instance as of April 24, 2015; KRW 5% per annum from the day following the service of the application for modification of the purport of the claim and the cause of the claim as of April 24, 2015 to the date of the judgment of the court of first instance; KRW 20,000 to the day of full payment; KRW 20,000 to the day of the above service of the application for modification of the purport of the claim and the cause of the claim; KRW 5% per annum from the day following the above service of the application for alteration to the date of the judgment of the court of first instance; and KRW 20% per annum from the next day to the day of full payment; and

2. Purport of appeal

A. The plaintiff

The part against the plaintiff in the judgment of the court of first instance shall be revoked. The defendants jointly and severally pay to the plaintiff 40,570,000 won and 20,570,000 won from April 15, 2014; 20,000,000 won from April 24, 2015; 5% per annum from the day following the service of the application for modification of the purport of the claim and the cause of the claim to the day of the judgment of this case; and 20% per annum from the next day to the day of the full payment; and 15,00,000 won and each of them shall be paid with 5% per annum from the day following the application for delivery of the above purport of claim and the cause of the claim to the day of full payment; and 20% per annum from the next day to the day of full payment; and

B. Defendant 1

Of the judgment of the court of first instance, the part against Defendant 1 shall be revoked, and the plaintiff's claim corresponding to the above revocation shall be dismissed.

1. Quotation of the first instance judgment

The reasoning for the court’s explanation on this case is as stated in the reasoning of the judgment of the court of first instance, except for the correction of Article 5 “Article 6” under Section 3 of the judgment of the court of first instance as “Article 420 of the Civil Procedure Act.”

It is difficult to reverse the conclusion of the judgment of the court of first instance on the sole basis of the statement of evidence Nos. 19 through 47 (including the decision to dismiss an application for adjudication submitted by Defendant 1 to each reference document on June 30, 2016 and July 6, 2016) that Defendant 1 submitted additionally at the trial.

2. Conclusion

The plaintiff's claim against the defendants shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as they are without merit. Since the judgment of the court of first instance is just in its conclusion, both the plaintiff's appeal and the appeal by the defendant 1 are dismissed as they are without merit. It is so decided as per Disposition.

Judge Han-hee (Presiding Judge)