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(영문) 서울고등법원 2017.05.19 2016나2070575
구상금
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. As a result of examining the grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the defendant, the legitimacy of the judgment of the court of first instance is justified. The reasoning for this case presented by the court is as stated in the reasoning of the judgment of the court of first instance, except for the partial dismissal of a part of the judgment of the court of first instance as follows. Thus, this is accepted by the main sentence

2. Parts to be dried;

A. 1) The part that alters or deletes the text of the judgment of the court of first instance changed "Defendant A corporation (hereinafter referred to as "Defendant corporation") to "A" (hereinafter referred to as "A"), the expression "Defendant A corporation" in the text of the judgment of first instance changed to "A", "Defendant B", and "Defendant D" in the text of the judgment of first instance shall be changed to "B", "B" and "D" collectively, and the expression "8 pages 3 through 5" in the text of the judgment of first instance shall be deleted. 2) The defendants' assertion and judgment shall be changed to "D. The defendant's assertion and judgment" under the bottom of the 10th judgment of first instance to "D. The defendant's bona fide assertion and judgment", and the expressions from the 10th to the 7th judgment of the 11th judgment to the 11th one.8th judgment shall be deleted.

B. 1) The addition or supplement portion 1) from the seventh bottom of the judgment of the court of first instance to 7: (a) the following is added. Following the fact-finding with respect to the operation of A, B is recognized as having been in arrears with wages of workers from July 2014, which was 3 months before the conclusion of the instant sales contract, and at the time of the said sales contract, it is highly probable at the time of the said sales contract, that there was a high probability as to the Plaintiff’s claim for indemnity, which is the preserved claim of this case.) 2) The 8th page 1 of the judgment of first instance to 1, “D and C’s bad faith is presumed” as follows.

The defendant's bad faith is presumed and the defendant's relationship with B, about KRW 1.4 billion, and the contract is entered into without being present, and the money claimed as purchase fund.

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