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1. The defendant's appeal is dismissed.
2. Of the appeal cost, the part arising between the Plaintiff (Appointed Party) and the Defendant is included.
Reasons
1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. From the judgment of the court of first instance to the 2nd 15th to the 3nd 5th 1st 2nd 2nd 2nd 2nd 2nd 2nd 3rd
A. Plaintiff (Appointed Party; hereinafter “Plaintiff”)
2) The Plaintiff and Appointors (hereinafter referred to as “Plaintiffs, etc.”) together with the Plaintiff and Appointors
(E), E, F, and G (hereinafter referred to as “E, etc.”)
2) The Defendant filed a criminal complaint with E, etc. on the grounds that E, etc., the representative director of H, who was the Plaintiff, etc., obtained a total of KRW 356,00,00 from the Plaintiff, etc., and that E, etc., was indicted for fraud (Seoul Central District Court 2017Da3163 (hereinafter referred to as the “Seoul Central District Court 2016Da7632”) and hereinafter referred to as “instant criminal case”).
[B] As to the instant criminal case, on February 2, 2018, the agreement with the following contents (hereinafter “instant agreement”) is deemed as follows, and the agreement with the instant agreement is deemed as “instant agreement”.
) A notary public, who belongs to the Daejeon District Public Prosecutor's Office, certified the agreement as No. 134 on the same day and on the same day, No. 2018. 4 of the first instance judgment of the Daejeon Public Prosecutor's Office, each of the "instant agreement" in the 6th 6th , 7th 19th , 21th , and 8th 9th , respectively.
On the fourth 4th 19th 7th 19th 19th 19th 200, "transfer of claim of this case" is "transfer of claim of this case
In the judgment of the court of first instance, 5 pages 20 to 6 pages 5 are as follows.
Defendant, etc. is obligated to submit a written application for non-compliance with punishment E for the instant criminal case according to Article 2 of the instant agreement, and only the Plaintiff shall submit a written application for non-compliance with punishment.