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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. The reasoning of the judgment of the court of first instance citing the instant case is that of the judgment of the court of first instance, except for adding the following matters, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The following shall be added to the portion added to the judgment of the court of first instance 7th 20th "no grounds":
Even if the agreement on the payment of penalty of this case is to conceal criminal proceeds obtained by the victims of the act of receiving penalty of this case from the victims of the act of receiving penalty of this case, which is null and void due to the violation of good morals and other social order, the amount that the Defendant acquired through the agreement on the payment of penalty of this case constitutes an object provided for illegal cause, and thus, I, etc. shall not claim the return thereof (see, e.g., Supreme Court Decision 2016Do18035, Apr. 26, 2017). Therefore, this part of the Plaintiff’s assertion is without any mother or with no reason, and the following is added to the following six acts of “h.” of the first instance judgment
1) As to the Plaintiff’s assertion of tort liability regarding concealment of Criminal Proceeds, the Defendant’s assertion 1) recognized that the amount of KRW 76 billion invested by I and C is the proceeds of crime, while cooperating in the concealment, preservation, etc. of the proceeds of crime, making it difficult or impossible to recover the damage caused by the specific crime. As such, the Defendant is jointly with I and C, and the Plaintiff and the designated parties are liable to compensate for the amount of KRW 15,929,361,471 for the damage incurred by such joint tort. The Defendant is entitled to compensate for the amount of KRW 4,440,383,091 as part of the claim, and damages for delay.
2. Under the relevant legal principles, joint tort under the Civil Act is established when multiple acts objectively related to each other cause damage to another, and it does not require not only mutual conspiracy among actors, but also common intent or common perception.
In addition, such a common act is jointly committed.