1. All appeals filed by the defendant (appointed party) and the appointed party C are dismissed;

2. The costs of appeal are assessed against the defendant (appointed party) and the defendant.

1. In the first instance trial, the Plaintiff jointly claimed property damage 2,337,319 won, consolation money 15,949,284 won and damages for delay. The first instance court accepted the claim of KRW 1,968,258 out of property damage and the damages for delay thereof, and dismissed the remainder of the claim.

In this regard, the plaintiff did not appeal but appealed only to the defendant and the designated person, so the scope of the judgment of this court is limited to the claim for property damage.

2. Facts of recognition;

A. On July 197, the Plaintiff and the designated parties entered into a partnership business agreement with the Plaintiff and the designated parties to share 50% of the profits by planting, managing, and selling landscaped trees on the Da, Seosan-si, 1997. The mutual fund was invested by both parties pursuant to the partnership business agreement from around that time to May 2008, and the Plaintiff divided the profits by 50% of the profits by performing the business of managing funds, etc., and the designated parties divided the profits by 50% of the profits by conducting the business of planting, managing, and selling landscaped trees.

B. From August 2008, disputes arising between the Plaintiff and the Appointor regarding the same trade have occurred between the Plaintiff and the Appointor.

On August 27, 2010, the Plaintiff filed a lawsuit against the appointed party for the claim for the settlement of accounts due to the withdrawal from the business (Seoul District Court Decision 2009Gahap13815). On August 27, 2010, the Plaintiff rendered a judgment that “The appointed party shall pay to the Plaintiff KRW 461 million and delay damages equivalent to half of the market value of the entire landscape trees (hereinafter “instant landscape trees”) which are the business property of the Plaintiff.” (The Daejeon District Court 2009Gahap13815).

Although the designated party appealed, the appeal was dismissed on November 4, 201 (Seoul High Court 2010Na6381), the designated party appealed but the appeal was dismissed on October 24, 2013.

(Supreme Court Decision 2011Da104284). C.

On July 30, 2010, when a lawsuit for revocation of a fraudulent act between the plaintiff and the defendant is pending, the person who selected the execution of a provisional disposition prohibiting the provisional disposition shall transfer the trees of this case to the defendant at KRW 230 million.