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(영문) 서울고등법원 2017.07.06 2017나713
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff, the defendant B was 124,685,632 won and this.

Reasons

1. The reasons why the court should explain in this decision are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the

2. Parts to be dried;

A. Defendant B was sentenced to one year of imprisonment, and Defendant C was sentenced to one year and six months of imprisonment, respectively, in the third instance judgment of the first instance court. The part stating that “Defendant B was sentenced to two years of suspended sentence for one year of imprisonment, and Defendant C was sentenced to two years of suspended sentence for one year and six months of imprisonment, respectively.”

B. On March 30, 2017, the first instance court dismissed all the Defendants’ appeals (Supreme Court Decision 2016Do18998). The part of the first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s second instance judgment stating that “At present, the appeal was pending in the Supreme Court (Supreme Court Decision 2016Do18998).”

C. The fifth sentence of the first instance court's decision "the fact that the court sentenced the suspension of the execution of imprisonment with prison labor" shall be construed as "the fact that the court sentenced the suspension of the execution of imprisonment with prison labor, and the fact that the court's judgment in the above appellate court becomes final and conclusive by the Supreme Court".

In light of the fact that no money has been paid, etc., the part of the first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s second instance judgment stating, “In light of the fact that no money has been paid, the evidence submitted by the Defendants, including the written evidence Nos. 7 through 14, up to the trial, and the circumstances surrounding the assertion, shall be considered.

(e) written statement No. 6 of the first instance court’s decision No. 20 of the first instance court’s “each entry of No. 6 (including the branch number)” shall read “A. 6 and No. 7 (including the branch number if the branch number exists).”

F. In full view of the fact that the Defendant’s tort committed by the Defendants, the part regarding the property damage amounting to KRW 150,000 shall be determined at KRW 150,000,00 shall apply as follows.

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