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(영문) 서울고등법원 2016.03.03 2015나2048304
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

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 other than the following "paragraph 2". Thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. The third 20th 20th 20th 20 of the judgment of the court of first instance asserts that “The Defendants are obligated to pay damages of KRW 151,953,000” (the Defendants traded with each other in accordance with an individual agreement with the Plaintiff, and the Defendants are not engaged in the same business, so long as they do not have any other business, they cannot be jointly and severally liable for the whole amount of the above money. In light of the facts acknowledged earlier and evidence, the Defendants jointly entrusted with precious metal pursuant to the instant consignment contract and sold it to the Plaintiff and paid the price to the Plaintiff. In addition, if Defendant B violated the terms and conditions of the said consignment contract with the Plaintiff due to the operation of precious metal consignment consignment consignment sales business, etc., the Defendants are also obligated to pay damages of KRW 151,953,00 to the Plaintiff, and the Defendants are not obligated to pay the entire amount to the Plaintiff pursuant to Article 57 of the Commercial Act (see, e.g., Supreme Court Decision 2008Da3196317, Apr. 197, 197).

B. The part of the judgment of the court of first instance No. 18-20 of the fourth 18-20 of the judgment, “No. 1” in the instant case where there is no evidence to acknowledge the Defendants’ assertion that the above consignment sales contract (a certificate No. 1) is a false document prepared for the purpose of bringing a lawsuit against D.”

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