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(영문) 광주지방법원 2018.01.26 2017나50224

손해배상(기)

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The judgment of the court of first instance, which was the subject of the trial, partially accepted the plaintiff's claim against the defendant, dismissed the claim against the co-defendant C of the first instance trial, and ruled to dismiss all the counterclaim claims between the defendant and the co-defendant C of the first instance trial.

Since only the defendant filed an appeal against the part concerning the claim of merits among the judgment of the court of first instance, only the part concerning the claim against the defendant among the judgment of the court of first instance is subject to the judgment of this court.

2. The court's explanation of this case by the court of the first instance as to this case is identical to the part concerning Defendant B among the reasons in the first instance judgment, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Each of the reasons for the judgment of the court of first instance is "Defendant C" as "Co-Defendant C of the court of first instance," and each of the "defendants" as "Defendant C co-Defendant C of the court of first instance."

The 6th to 5th of the first instance judgment shall be followed as follows.

B) In light of the following circumstances, it should be deemed as a condition that, in the case of a juristic act attached to the subsidiary, it would be deemed that if the facts indicated in the subsidiary do not occur, the obligation should not be performed. In a case where it is reasonable to deem that the existence of the indicated facts should be performed not only when the indicated facts have occurred but also when it has become final and conclusive to do not oppose the Korea Electric Power Corporation (see, e.g., Supreme Court Decision 2003Da24215, Aug. 19, 2003). In the instant case, it should be deemed that the determination of whether the occurrence of the indicated facts has occurred or not has become final and conclusive (see, e.g., Supreme Court Decision 2003Da24215, Aug. 19, 2003).