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(영문) 대구지방법원 2019.04.24 2018나317230
투자금반환 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The plaintiffs' lawsuit acceptance is based on the plaintiffs' lawsuit acceptance.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same as the reasoning of the judgment of the court of first instance, on the grounds that the reasoning of the judgment of the court of first instance is identical to that of the court of first instance, except for a dismissal or addition as follows

(However, the part on the co-defendant C of the first instance court, which was separated and confirmed, is excluded). 2. Parts dried or added

A. Of the reasoning of the judgment of the first instance, the Plaintiff’s “Plaintiff” is regarded as “A”.

B. The following is added to the third and fourth instances of the judgment of the first instance.

“E. A died on March 5, 2019, and his heir as his/her spouse, Plaintiff G and his/her children, the spouse of Plaintiff H and I.

C. The following is added to the third and 19th of the judgment of the first instance.

“Defendant B did not take part in the act of defraudation against A or obtain any benefit therefrom, and in the civil lawsuit instituted by the other victim J, the plaintiffs asserts that the claim of this case is groundless. As seen earlier, the facts which became final and conclusive after the conviction was rendered on the part of the defendant B as an accomplice in the act of defraudation against A and the facts recognized in the relevant criminal judgment are significant evidence in the civil trial, barring any special circumstance. However, in a case where it is deemed difficult to adopt the judgment on the facts of the criminal judgment as they are, it may be rejected by the content of the defendant B’s assertion in this case, and the judgment of the civil lawsuit brought by the other victim J cannot be deemed as having any such special circumstance, and it is not sufficient to dismiss the contents of the above criminal judgment based on the content of the judgment. Accordingly, the defendant B’s assertion is not acceptable.”

D. The third-party 20 to 4 of the judgment of the court of first instance are as follows.

. The above.

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