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(영문) 서울고등법원 2017.03.16 2016나2052706
채무부존재확인
Text

1. The defendants' appeal is 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, which cited the reasoning of the judgment, is the same as the reasoning of the judgment of the court of first instance, except for the modification and addition as set forth in the following paragraph (2). Thus, this is acceptable in accordance with the main sentence of Article 420

(A) The grounds alleged by the Defendant in the trial at the time of appeal are different from the contents alleged in the first instance trial. However, even if considering the Defendants’ above claims, it does not differ from the facts finding and judgment of the first instance court). 2. The amendment and addition of the part of the first instance judgment at the time of appeal from “from January 15, 2008 to January 13, 208” of the third part of the third part of the first instance judgment as follows.

From January 11, 208 to December 31, 2014, B withdrawn cash, check, or transferred it to its own account, and then embezzled the Defendants’ assertion on KRW 1,275,546,178 in total by private use (i.e., KRW 279,380,000 in 208 to KRW 240,542,150 in 209 to KRW 205,640,234 in 2011 to KRW 92,504,294 in 2012 to KRW 124,860,00 in 201 to KRW 14,50 in 201 to KRW 75 in 207, the Defendants’ assertion that “The Defendants embezzled the Defendant’s assertion on KRW 137,50 in 201 to KRW 149,20 in 2013 to KRW 183,100 in 207 to KRW 371.7.

Part 4 of the judgment of the first instance shall be changed to "A person shall have the obligation to return it to unjust enrichment or to return it to unjust enrichment."

On the 6th page of the first instance judgment, the Defendant changed “the Plaintiff” to “the Defendants.”

In the first instance judgment, "liability for return of unjust enrichment" shall be added to "liability for compensation for damage" in the 13th and 14th of the first instance judgment.

The following details shall be added between the 6th sentence of the first instance judgment and the 15th sentence:

(b).

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