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(영문) 서울남부지방법원 2017.08.10 2016나54853
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition of the corresponding part as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

(a)on the 2nd judgment of the first instance court, the “Evidence A1 to 3” in the 4th judgment is reversed as “Evidence A1 to 5”;

(b)On the 2nd judgment of the first instance court, the following shall be added:

[C] As described in the above sub-paragraph (b) above, the Defendant embezzled a fine of KRW 600 million imposed on the Defendant future by using the Plaintiff’s funds for the payment of fines (hereinafter “the instant embezzlement”).

The judgment of conviction was rendered on November 13, 2015 (Seoul Southern District Court 2013Gohap574), and the appellate court (Seoul High Court 2015No3421) rendered a judgment of conviction as to the embezzlement of this case on May 17, 2017. D) on May 28, 2014, the Plaintiff was appointed as a manager upon the decision of commencement of rehabilitation procedures as Seoul Central District Court 2014hap103, and the Plaintiff took over the instant lawsuit as of March 20, 2017.

A person shall be appointed.

3. If so, the decision of the first instance court is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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