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(영문) 서울고등법원 2017.04.13 2016나2056074
손해배상 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons why the court should explain in this decision are as stated in the reasoning of the judgment of the first instance except that part of the reasons for the judgment of the first instance is as stated in the reasoning of the judgment of the first instance (Provided, That the part against the common plaintiffs of the first instance court is excluded), and they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Article 15 of the first instance court’s 4th 15th 15th 15th 15th 15th 15th 15 of the judgment “The existence of a harmful act by intention or negligence, and the burden of proving the causal relationship between the act and the occurrence of damages, shall be deemed to exist in the tort (see, e.g., Supreme Court Decision 2001Da38692, Sept. 28, 2001). However, “A evidence 6 and 7.”

B. Article 17-18 of the first instance court's decision provides that "only the above-mentioned facts shall be recognized," stating that "The evidence submitted by the Plaintiff up to the above-mentioned facts and the circumstances of the assertion shall be considered."

C. Article 7-8 of the judgment of the court of first instance provides that “No materials are found to prove that the execution of the event is unlawful” shall be construed as “no evidence to prove that the execution of the event is unlawful due to the involvement of the Defendant’s deception, etc., and in light of the principle of self-responsibility, etc., the evidence submitted by the Plaintiff up to the trial and the circumstances surrounding the assertion shall also be considered.” This part of the judgment of the court of first instance provides that “The execution of the event shall not be deemed to be unlawful.”

The part of the 6th written judgment of the first instance court " alone" in the 12th written judgment shall be referred to as "All the evidence submitted by the plaintiff to the trial and the circumstances of its assertion".

E. The defendant provided items to the specific users of the game of this case on the confidential basis of the 6th judgment of the court of first instance.

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