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(영문) 광주고등법원 2015.07.22 2015나280

손해배상(기)

Text

1. Of the judgment of the first instance court, the part against the defendant, including the plaintiff's claim against the defendant expanded in the trial.

Reasons

1. The Plaintiff asserts at the first instance trial that the joint tort committed by the Defendant, E, B, and C (hereinafter “E, etc.”) that the Plaintiff suffered property damage and mental distress. ① The Plaintiff paid KRW 59.8 million compensation for property damage (i.e., KRW 159.9 billion in repayment - KRW 100 million in repayment), ② Compensation for property damage (ii) the amount of compensation for damages; ② the amount of compensation for damages for delay from January 24, 2013 to January 25, 2013 to KRW 40 million in repayment; and the amount of compensation for delay from July 7, 2010 to January 24, 2013 to February 12, 2014 to KRW 200,000 in each portion of compensation for damages calculated at the rate of KRW 205,71.20,714 to December 25, 2014 (hereinafter “the amount of compensation for delay”).

The court of first instance accepted the Plaintiff’s claim for the 49.8 million won of the Plaintiff’s investment deposit and the damages for delay thereof, and rejected the remainder of the 10.0 million won of the investment deposit, the damages for delay, and the damages for delay, and the damages for delay, and the damages for delay. The court of first instance rendered a judgment ordering the Defendant to compensate the Plaintiff for the damages for the property of the investment deposit portion and the damages for delay.

In response, the plaintiff appealed only against the part against which the judgment of the court of first instance lost the amount of KRW 10 million and the claim for damages for delay, and the claim for damages for delay of KRW 30 million and the claim for damages for delay of the portion of the damages for delay, and extended the claim by adding damages for delay to the claim for damages for delay on the part of the damages for delay.

(see, e.g., Supreme Court Decision 2009Da105062, Jan. 13, 2011). If so, the Plaintiff’s KRW 10 million against the Defendant.