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(영문) 서울고등법원 2017.03.23 2016재나851
손해배상 등
Text

1. Of the litigation for retrial of this case, the part as to Defendant C and Daeyang Industrial Machinery Co., Ltd. shall be separated.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On October 18, 2010, the Plaintiff filed a lawsuit against Defendant B, Defendant C, Daeyang Industrial Machinery Co., Ltd., Defendant D, Co-Defendant D, and E with the Seoul Central District Court No. 2010Gahap106127 (hereinafter the above court) to return unjust enrichment, etc.

B. In the above case, the plaintiff asserted that the co-defendant D of the first instance court in charge of accounting affairs conducted by the plaintiff in FF Co-Defendant D trade the plaintiff's funds on a private basis and entered false accounting books. The defendant B, the representative of G trade with FF Co-Defendant D, committed a tort by in collusion with Co-Defendant D of the first instance court in order to receive a false tax invoice or participate in the receipt of a false tax invoice, thereby reducing the plaintiff's funds. The plaintiff dismissed the plaintiff B et al.'s claim against the defendant B et al. for the following reasons: "the defendant B returned KRW 11,40,000 out of the amount equivalent to KRW 21,000,000, around the plaintiff, and around the others, the plaintiff returned the amount of KRW 11,40,000,000 among the amount equivalent to KRW 21,60,000,000 for each public law and civil correction obligation." However, the evidence submitted by the plaintiff alone is insufficient to admit the plaintiff's claim.

C. Meanwhile, in the above case, the Plaintiff returned goods falsely reported (1,40,000 won) to the Plaintiff jointly with Defendant C, Daeyang Industrial Machinery Co., Ltd, Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Ltd., Ltd., and Co., Ltd., Co., Ltd., Co., Ltd., Ltd., and Co., Ltd., Co., Ltd., Ltd., and Co., Ltd., Ltd., Co., Ltd., Ltd.,

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