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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the judgment of the court of first instance is as follows: Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd”)’s assertion that is emphasized by this court is added “2. Additional determination”; therefore, the reasoning of the judgment of the court of first instance is the same as that of the part of the reasoning of the judgment of the court of first instance, and thus,
(2) The Defendant’s grounds for appeal do not differ significantly from the assertion in the first instance court, and even considering the evidence submitted in the first instance court, the facts finding and determination in the first instance court are deemed legitimate). 2. The Defendant Seoul Guarantee Insurance additionally determined as follows: (a) the Plaintiff received a refund of KRW 10 million from F; and (b) the Plaintiff’s amount of damages is KRW 35 million (i.e., KRW 45 million paid to Co-Defendant B of the first instance court - KRW 10 million returned lease deposit received from F). However, the court of first instance asserts that the Plaintiff’s damages amount was calculated as KRW 45 million.5 million.
However, as stated in the judgment of the court of first instance, the plaintiff was returned from F 10 million won.
There is no evidence to prove that there is a current status of refund, and instead, it cannot be ruled out that co-defendant B of the first instance court committed a tort, such as embezzlement by receiving from F a return of KRW 10 million from F. Moreover, as the Plaintiff seeks, the court of first instance determined the Plaintiff’s fault ratio based on KRW 32.5 million, excluding a certain portion of the amount of damages, and limited the scope of the Defendants’ liability. Accordingly, it cannot be said that there was an error of calculating the amount of damages disadvantageous to the Defendants in the judgment of the first instance court.
3. In conclusion, the judgment of the first instance court is legitimate, and all appeals by the Defendants are dismissed.