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(영문) 서울고등법원 2010. 8. 19. 선고 2010나25959 판결

[손해배상(기)][미간행]

Plaintiff, appellant and appellee

Plaintiff (Attorney Yellow-gu et al., Counsel for the plaintiff-appellant)

Defendant, Appellant and Appellant

Culul Construction Co., Ltd. (Seoul International Law Firm, Attorneys Park Jong-soo et al., Counsel for the plaintiff-appellant)

Conclusion of Pleadings

July 15, 2010

The first instance judgment

Incheon District Court Decision 2008Gahap74 Decided January 21, 2010

Text

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

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

Purport of claim and appeal

1. Purport of claim

The defendant shall pay to the plaintiff 6,56,635,00 won with 20% interest per annum from the day following the day of service of a copy of the claim and of the application for modification of the cause of claim as of July 15, 2008 to the day of complete payment.

2. Purport of appeal

Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked. The defendant shall pay to the plaintiff 5,052,50,579 won with 20% interest per annum from the day following the day of service of a copy of the application for modification of the purport of the claim and the cause of the claim as of July 15, 2008 to the day of complete payment.

Defendant: The part against Defendant in the judgment of the first instance court is revoked, and the Plaintiff’s claim corresponding to the revocation part is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation of this case is as follows: (a) the “satisfy” of the first instance court No. 2, No. 18; (b) the “satfy” of No. 4; (c) the “satfying” of No. 13; (d) the “satfying” of No. 13; and (e) the “satfying” of No. 6, No. 21,22; and (c) the “satisfying” of No. 3; and (d) the “satfying” of No. 15; and (e) the “satfying” of No. 13 is added to the “satfying witness” of the first instance court; and (e) the “satfying” of No. 2, the “satfying” of No. 7, 13, as “use”; and (e) the “satfying” of the “satfying witness” of the instant case No. 15.

2. Conclusion

Therefore, the judgment of the court of first instance is just, and all appeals filed by the plaintiff and the defendant are dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Chang-chul (Presiding Justice)