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(영문) 서울고등법원 2018.11.14 2017나2067231
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following changes:

(No. 2. modified matters are different from the fact-finding and judgment of the first instance court, considering the evidence submitted by the plaintiff in the first instance. 2. Of the reasons for the decision of the first instance court, 2.B.

subsection (1) shall be amended as follows:

B. Determination 1) In full view of the overall purport of the pleadings in Gap evidence Nos. 8 and 17, and Eul evidence Nos. 3, the appellate court found the defendant not guilty on September 9, 2016 in the Seoul Central District Court (Seoul High Court 2016No3010), and found the defendant guilty on the ground that the defendant was guilty of the above facts charged for the following reasons: (a) although the appellate court knew that the defendant could not timely pay the money even if he received the money from the victims, he did not notify the victims of the money; and (b) C was indicted for the criminal facts such as obtaining the money from the fraternity members, and (c) obtained the money from the fraternity; and (d) in the Seoul Central District Court 2014No674, 965 (Joint). However, the appellate court found the defendant guilty of the above facts charged for the above 201 to 3150 years on July 20, 2018.

It is not enough to recognize that there was bad faith or gross negligence on the fact that the money received by the Defendant C from the Plaintiff was the money acquired by the Plaintiff.

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