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Reasons
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(영문) 부산고등법원(창원) 2015.04.02 2013나1450
손해배상(기)
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1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Facts of recognition;

A. The reasoning for the court’s explanation on this part is as stated in Article 420 of the Civil Procedure Act, since the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, with the exception of the following additional statements.

B. The following is added between the fourth and third parts of the judgment of the court of first instance. The plaintiff C remitted a total of KRW 95 million as listed below in relation to the second franchise agreement.

The evidence of the recipient (won: 10,00,00 D No. 4-4-4 of August 31, 2009; 50,000 D-4-8. 10,000 D-4-8. 10,000 D-4-5. 10,000 D-4-6. 5,00,000 D-4-7. 10,000 D-4-7. 10,000 D-4-7. 10,000-7. 10,000,000 P-4-8. 10, 200-4-10-9. 10,000 P-4-10, 00-4, 00-9. 10,000 D-10-9. 10, 2004

【Plaintiff A wired KRW 20 million to P on behalf of the Defendant Company in relation to the third franchise agreement, KRW 20 million on September 17, 2009, KRW 10 million on September 21, 2009, and KRW 5 million on October 5, 2009, respectively, and remitted KRW 2 million on January 11, 2010 to the Defendant D’s deposit account; KRW 3,000,000 on February 17, 2010, respectively; and KRW 52 million on February 17, 2010; and KRW 3, the following was added between the first instance judgment and the second sentence 23 on September 3, 2009. The Plaintiff wired KRW 10 million to the new account in the name of Defendant D Bank on July 3, 2009, respectively.

4) The grounds for recognition of part 5 of the judgment of the first instance court are as follows: “A evidence 4, A3-6, A4-4-12, A20-21, and witness testimony of the first instance court.”

2. Determination as to the Plaintiff’s claim against Defendant D

A. The reasons why the court should explain this part are as follows, or the plaintiffs' new arguments against the defendant D have been corrected or determined at the trial.

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