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(영문) 광주고등법원(전주) 2015.10.22 2015나521
손해배상(기)
Text

1. Of the judgment of the first instance court, the part concerning the plaintiffs' preliminary claim is modified as follows.

The defendant.

Reasons

1. The judgment of the first instance court on the scope of the trial of the party shall accept the part of the plaintiff's main claim of KRW 4,00,000 among the plaintiff's main claim of KRW 4,00,00 and the interest and delay damages claim of the plaintiff's main claim of the plaintiff's R, and all of the plaintiffs' main claims except the plaintiff's remaining main claim of the plaintiff's R and the plaintiff's plaintiff's main claim of the plaintiff's main claim. The plaintiff shall accept part of the plaintiff's main claim of the first preliminary claim and dismissed the plaintiff's remaining main claim of the first preliminary claim of the plaintiffs.

2. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance except for the following parts among the judgment of the court of first instance. As such, this is the same as that of the judgment of the court of first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.

No. 40 of the first instance court's decision No. 20 states "No. 18 No. 3" as "No. 18 No. 4".

(b) the entry and table 10 of the first instance judgment from 25 to 8 shall be amended as follows:

Plaintiff

The J delivered KRW 30,00,00 to the Z on September 8, 2003 for the purpose of deposit with the Defendant. On September 10, 2004, the Z transferred KRW 3,542,940 to the NA’s account designated by the Z on September 12, 2005, and KRW 310,600 to the NA’s account designated by the Z on September 12, 2005. However, the Z used each of the above money without depositing it to the Defendant normally as if it was deposited with the Defendant, as shown in the table 10, issued the Defendant’s account in the name of the Plaintiff J as shown in the table 10, and issued it to the Plaintiff J by stating the false contents and contents on several occasions thereafter, and providing the money to the Plaintiff. The amount of the Z is punished by the penal provisions of the passbook issued by the method of disposal.

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