beta
(영문) 대전고등법원 2018.06.29 2016나17222

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The gist of the parties' arguments is as follows. The main points of the plaintiff and the defendant's arguments concerning the settlement amount under the contract of this case 1 and 2 are as follows. The parties' specific arguments about each item and the determination thereof are examined again in the order of Paragraph 3 below.

A. Items of the Plaintiff’s assertion [1] [2] Table 2] 1. 2. 1. 2. 2. 1. 2. 1. 42. 2. 2. 32. 2. 42. 2. 36,60,832,762 . 738.164,280 . 59,090 . 23. 36,816, 248 . 290 . . 36. 2. 5 . . 2. 2. 1. 2. 5 . . 2. 36 . . . 2. 5 . 2. 36 . . 36,00 . 43,290,000 . 5 . 124,005 . 7. 308 . 187,008 - . 18 . . 308 . . . . 14. .

Therefore, the Defendant is obligated to pay to the Plaintiff 119,484,707 won (=262,887,092 won - 143,402,385 won) and delay damages.

The details of each item shall be as listed below [Attachment 1] and [Attachment 2]:

B. The money that the Plaintiff is obligated to pay to the Defendant under the contract of the Defendant’s assertion 1 and 2 is KRW 1,362,601,732 as shown below [Attachment 3].

The Defendant shall pay to the Plaintiff according to the instant 1 and 2 contracts.