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(영문) 서울고등법원 2015.01.23 2014나2024417
손해배상
Text

1. All appeals filed by the plaintiff and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

Basic Facts

In this part, the reasoning for this Court is that “the long-term repair appropriation deposit” in the table of the third bottom of the 15th judgment of the court of first instance shall be read as “the long-term repair appropriation deposit amounting to KRW 118,395,605 on October 10, 201,” and shall be read as “the long-term repair appropriation deposit amounting to KRW 118,395,605 on October 10, 201,” and as follows, in addition to adding the judgment under the table of the court of first instance, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant B asserted that the amount of embezzlement of long-term repair appropriation deposits as of November 10, 201 is merely 114,976,661 won. However, according to the audit report (Evidence A0) of this case on November 10, 2011, D terminated the deposit of 236,791,210 won (= 118,395,605 won 118,395,605 won) in total by cancelling the deposit of 236,791,210 won in foreign exchange banks with the deposit of long-term repair appropriation deposits as of November 10, 201; however, D’s joint tort liability is not established by the joint tortfeasor’s withdrawal of KRW 114,976,61 won and KRW 3,418,94 won and KRW 105,94) and the difference between the aforesaid joint tort liability is not established by taking account of the difference between the two parties’ joint tort and its joint tort liability is not established.

Joint tort refers to all direct and indirect acts that facilitate tort, and the interpretation of the Civil Act, unlike the Criminal Act, which, in principle, displays negligence with the intention of compensating for damages, shall be aided by negligence.

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