공제금 등 청구의 소
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
[Claim]
1. The grounds for admitting the judgment of the court of first instance, which the defendant alleged in the trial while appealed, are not significantly different from the allegations in the court of first instance, and the judgment of the court of first instance which partially accepted the plaintiff's claim, even if each evidence and the result of pleading submitted in the trial were presented at the court
Therefore, this court's reasoning is as follows, except for the addition of the following contents between the 6th 14th 15 and the 15th 15th son of the judgment of the court of first instance, and therefore, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance.
[Additional Part] Property damage caused by an illegal act refers to the difference between the property status that would have existed without the illegal act and the current property status that caused the illegal act. However, in principle, the amount of damages shall be calculated on the basis of the time of the illegal act. However, in cases where there is time interval between the time and the time of the occurrence of the illegal act, since the result was completed when the illegal act occurred, it shall be deemed that the illegal act was completed at the time of the occurrence of the damage, and at the time of the completion of the tort (see, e.g., Supreme Court Decisions 2005Da45605, Jun. 15, 2007; 2009Da91828, Apr. 29, 2010). Property damage suffered by the plaintiff D due to the illegal act shall be the time of calculating the amount of damages (see, e.g., Supreme Court Decision 2009Da91828, Apr. 29, 2010).
2. The decision of the first instance court in conclusion is justified with the conclusion, and the defendant's appeal is dismissed as it is without merit.