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(영문) 서울중앙지방법원 2019.01.23 2018나38101
손해배상(기)
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 grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and even if the evidence duly admitted and investigated by the court of first instance presented the evidence No. 14, No. 3, and the response of the court's response to the submission order to financial transaction information to the head of the F Business Support Center of the F Business Support Center of the Seoul High Court, the court of first instance recognized the fact-finding and judgment as legitimate, and the Plaintiff merely claims a claim for delivery of benefit or reimbursement of benefit by separate check (Seoul Central District Court Decision 2017Da13784, Dec. 4, 2017Da47633 (Intervention)) in the proceedings of this case, the court of first instance responded to the statement to the purport that the submission of incidental appeal is not considered in the proceedings of this case.

Therefore, the court's explanation on the instant case is consistent with the reasoning of the judgment of the court of first instance, except for the following parts, which are the lesser between the three pages 10 and 13 of the judgment of the court of first instance. Thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant C was charged with violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on the Aggravated Punishment, etc. of Specific Economic Crimes in Suwon District Court (Seoul High Court 2018No483), and the appellate court (Seoul High Court 2018No483) rendered a sentence of 14 years to Defendant C on July 18, 2018, and the appeal by Defendant C (Supreme Court 2018Do11903) was dismissed on October 25, 2018, and the judgment of the said appellate court became final and conclusive.

2. If so, the Defendants jointly paid 93,58,71 won to the Plaintiff (i.e., cash and cashier’s checks that the Plaintiff paid to Defendant B, 176,000,000 won in total 70,000 won in face value of cashier’s checks seized to an investigation agency - the Plaintiff’s total sum of 12,441,229 won in total) and the amount that the Plaintiff received from Defendant B.

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