손해배상(기)
The plaintiff's appeal is dismissed.
The plaintiff's conjunctive claim shall be dismissed at the trial.
1. The reasons for the judgment of the court of the first instance cited in the judgment are as follows: (a) the Plaintiff’s assertion of a joint tort as to the primary claim added by the court of the first instance and the conjunctive claim are identical to the reasons for the judgment of the court of the first instance, except for the additional determination under paragraph (2). Therefore, it is acceptable in accordance
2. Additional determination
A. The plaintiff, as the representative of the plaintiff and the representative of I and J, consumed the rent income acquired by I and J for the management of lease income without transferring it to the plaintiff. Thus, the defendant asserts that I and J are liable for damages to the plaintiff as joint tortfeasor. 2) The plaintiff's above assertion is premised on the obligation of I and J to transfer the rent income acquired under the above entrustment contract with the plaintiff to the plaintiff. However, even according to the above entrustment contract with the plaintiff, I and J merely have the obligation to pay to the owner of the building of this case the remainder of the rent after deducting various expenses and expenses from the rent income acquired, and there is no other evidence to acknowledge that I and J are liable to pay to the plaintiff.
Therefore, the plaintiff's above assertion is without merit.
B. Preliminary claim 1) The Plaintiff asserts in favor of the Plaintiff that, in order to preserve the Plaintiff’s right to claim performance of monetary obligations or the right to claim damages under Article 684(1) of the Civil Code against I and J, I and J, by subrogation of I and J, exercise the right to claim damages due to embezzlement against the Defendant by the J. 2) First, the Plaintiff agreed to pay to the sectional owners of the building of this case the remainder of the remainder after deducting various expenses and expenses from the income of rent acquired by I and J under the above entrustment contract.
3.2