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(영문) 대구고등법원 2020.12.24 2020나22392
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the lower court’s acceptance of the judgment of the first instance is as follows, and thus, it is identical to the description of the reasoning of the first instance judgment, except for modification and addition as follows. Thus, it is accepted by the main sentence of Article 420 of the

Then, following the first instance judgment’s 7th page 11, “no reason exists” (as the attorney of the Plaintiff-related case, the Plaintiff asserts to the effect that, despite having the duty of care to provide correct information to the Plaintiff and to act in a manner that does not go against the Plaintiff’s interest, the Plaintiff violated the duty of care by unilaterally consuming money without confirming the Plaintiff’s clear intent. However, in light of the following circumstances, the evidence alone submitted by the Plaintiff is insufficient to recognize that the Defendant suffered loss to the Plaintiff by violating the duty of care, and there is no other evidence to acknowledge otherwise. Accordingly, this part of the Plaintiff’s assertion is without merit).

The first instance judgment’s 11th page 3 as “Embezzlement embezzled” was revised to read “(the Defendant embezzled a cashier’s checks of KRW 20,000,000, issued with the Plaintiff’s additional deposit money)” as “on January 20, 2015, he/she tendered for the instant real estate auction under the name of J, the Defendant’s wife, and paid it as the bid contract and embezzled it.”

2. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

On December 23, 2020, the day after the closing of argument, the Plaintiff filed a lawsuit of demurrer against the Plaintiff to the Daegu District Court G, Daegu District Court, and deposited KRW 115,00,000 as collateral from the said court, on the condition that the Plaintiff deposit KRW 115,00,000 from the said court.

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