beta
(영문) 서울고등법원 2019.07.19 2018나2066235

손해배상(기)

Text

1. The Plaintiff’s respective appeals against the Defendants and all appeals against Defendant B and E are dismissed.

2...

Reasons

1. Scope of the judgment of this court;

A. In the first instance court, with respect to the instant contract, the Plaintiff sought payment of KRW 189,433,755 (-1) jointly with the Defendants, and KRW 60,566,245 (-2), a total of KRW 250,000,000 (= KRW 189,43,755, KRW 60,566,245), as a partial claim for damages (i.e., KRW 25 million) and KRW 25,000,000 (=25,000,000) jointly and severally with Defendant C and E as a partial claim for the profits arising from the modification of the design and KRW 45 million (=25,00,000).

B. As to this, the first instance court accepted only -2 claims against Defendant B among the claims, dismissed all of the remaining claims against Defendant C, D, and E, and accepted only -1 claims against Defendant E among the claims, and dismissed all of the remaining claims against Defendant B and the claims against Defendant C.

C. However, as to the judgment of the first instance against the Defendants, the Plaintiff appealed against the Defendants, and Defendant B appealed against each of the losing parts of the claims against the Plaintiff, and Defendant E appealed against the part of the claim against the Plaintiff (-1). As such, among the judgment of the first instance, the part of the Plaintiff’s claim against Defendant C and the part of the claim against Defendant E were excluded from the scope of the judgment of this court because it did not appeal against the Plaintiff even though it did not appeal

Ultimately, the subject of this Court’s adjudication is limited to the Plaintiff’s claim part against the Defendants and the Plaintiff’s claim part against Defendant E.

2. The reasoning of the judgment of the court of first instance as to this case is as follows. The part which is clear that it is a clerical error in the judgment of the court of first instance or is in need of clarifying its meaning is written, and the judgment of the court of first instance as to the assertion that the plaintiff specially emphasized as the grounds for appeal is particularly emphasized as the grounds for appeal by the defendant, B, and E as the grounds for appeal: