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(영문) 서울고등법원 2019.11.08 2017나2050691
손해배상(기)
Text

1. The judgment of the court of first instance, including the claims filed by Plaintiffs A and C for extension, reduction, and selective addition.

Reasons

1. Scope of the judgment of this court;

A. The following facts are clear on the records.

1) In the first instance trial, the Plaintiffs sought payment of the money stated in paragraph (a) of the claim against the Defendants based on the following grounds: (a) The primary grounds for the claim (all of the Defendants): The first preliminary grounds for the claim for damages arising from a joint tort resulting from fraud or concealment of criminal proceeds (hereinafter “instant claim”) (all of the Defendants): the time when the second name of the company, the obligor, Co-Defendant P Co-Defendant (hereinafter “Co-Defendant P”) of the first instance trial (hereinafter “Co-Defendant”) of the Plaintiffs, is omitted.

(2) The Defendants’ claim for restitution of unjust enrichment against the Defendants is based on the exercise of the right to return unjust enrichment (hereinafter “instant claim 2”).

(C) 2) Preliminary Claim (Defendant H, etc.): Defendant H, etc., the heir of the network D, succeeded to the claim for inheritance liability arising from the deceased’s tort against the deceased’s tort (hereinafter “instant third claim”) 2). However, the court of first instance dismissed all the claim 1 and 2 of this case. However, as the network D, Defendant H et al. jointly succeeded to the Plaintiff’s claim for the instant third claim against Defendant H, etc. by recognizing that Defendant H et al. jointly succeeded to the network D’s tort liability as the deceased assumed the claim for damages due to the tort against the plaintiffs. Defendant H et al. appealed against the third claim of this case within the scope of their respective shares of inheritance. The Plaintiff et al. appealed against the Defendants and the first instance court’s joint Defendant G, L, M, and N, but withdrawn all the appeal against the remaining persons except Defendant K.

In addition, the plaintiff A et al. claims against the defendant K.

As stated in the paragraph, the principal portion of the claim was reduced and the damages for delay was expanded, and the defendant H and I's property liable for damages against the plaintiff et al. is above.

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