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(영문) 서울고등법원 2015.05.21 2014나2019217
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except for the cases where part of the reasoning of the judgment of the court of first instance is changed as stated in the following Paragraph (2). Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Part 8 of the fifth sentence of the judgment of the first instance court stating, “Defendant C was suspended from being a witness,” and the prosecutor of the Seoul Central District Prosecutors’ Office, who was in charge of the above case, rendered a disposition against Defendant C as of January 26, 2015 after re-investigation into the case.”

(b) in accordance with paragraph 9 of the fifth sentence of the first instance judgment, the part “B Nos. 1 through 6” shall be written with “B Nos. 1 through 7.”

C. In full view of the facts and evidence as stated in the 7th sentence of the first instance court's second sentence, the part " would have not been necessary to obtain," and according to the above facts and evidence, the prosecutor in charge of the case that the plaintiff filed a complaint by deceiving the plaintiff in collusion with I and K, and the prosecutor in charge of the case that the plaintiff filed a complaint by deceiving the plaintiff in collusion with the above 220 million won of the plaintiff's assertion could not find any obvious evidence to acknowledge the defendant C's suspicion of fraud."

In the seventh sentence of the first instance judgment, the part of the “inception must be in a causal relationship” shall be construed as “a causal relationship (see, e.g., Supreme Court Decisions 98Da31264, Dec. 23, 1998; 2011Da107627, Jan. 29, 2014).”

E. In full view of the fact that Defendant C was able to anticipate the commission of the crime of I, the part of the 8th judgment of the first instance court was aware that Defendant C was aware of, or was sufficiently aware of, the crime of defraudation of the money as seen earlier by Defendant C, with the evidence submitted by the Plaintiff.

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