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(영문) 부산고등법원 2019.09.26 2018나59055
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

Judgment of the first instance.

Reasons

1. Basic facts

A. The reasons for this part of the court's acceptance of the judgment of the court of first instance are next to the fourth, fourth, fifth, subsequent to the judgment of the court of first instance.

In addition to adding the contents of the claim, it is identical to the corresponding part against the defendant of the judgment of the court of first instance, and thus, it is quoted by the main sentence of Article 420 of the Civil Procedure Act.

B. Further, on December 28, 2018, the Defendant: (a) neglected to manage the connection code (J) of terminals used by the Defendant in F Cooperatives prior to the merger from the Busan District Prosecutors’ Office on December 28, 2018; (b) No. 2. Each year of the Defendant’s embezzlement details in the first instance trial co-defendant B, C (hereinafter “C”); and (c) 5.

6. The act of aiding and abetting the act of embezzlement of 603,300,000 won in total and the annual amount of 35,000,000 won and 13. through 27.

"A person suspected of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)" (Embezzlement) was sentenced to a non-prosecution disposition.

(No. 4, No. 5)

A. The Defendant participated in the embezzlement of KRW 828,10,468 in total, as stated in the Defendant’s embezzlement of the instant deposits in B and C, or neglected the Defendant’s management of the connection code of the device used by the F Cooperatives prior to the merger, thereby aiding and abetting the above embezzlement.

B. Therefore, the defendant is liable to pay 496,806,280 won and damages for delay to the plaintiff who succeeded to the rights and obligations of the FF association prior to the merger with B and C, which correspond to the ratio of the defendant's liability, among the above embezzled amount, to the plaintiff who succeeded to the rights and obligations of the F Association prior to the merger with B and C.

3. The reasoning for this part of the judgment by the court is to delete the part of the judgment of the court of first instance from the “other words,” “from 4 to 5,” and to add “as regards the Defendant’s embezzlement and aiding and abetting, a non-prosecution disposition by an investigative agency shall be taken” in that part, and ② to dismiss “19, 27 to 29,” respectively.

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