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red_flag_2(영문) 서울고등법원 2015.7.23. 선고 2015나2014998 판결

손해배상(기)

Cases

2015Na201498 Compensation for Damages

Plaintiff-Appellant

1. A;

2. B

3. C

Defendant Appellant

Korea

The first instance judgment

Seoul Central District Court Decision 2013Gahap20507 Decided February 5, 2015

Conclusion of Pleadings

June 25, 2015

Imposition of Judgment

July 23, 2015

Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1. Purport of claim

The defendant shall pay to the plaintiff A and B 107,770,543 won, 300,000 won to the plaintiff C, and 5% per annum from April 10, 201 to the service date of a copy of the complaint of this case, and 20% per annum from the next day to the day of complete payment.

2. Purport of appeal

The part against the defendant in the judgment of the court of first instance shall be revoked, and all of the plaintiffs' claims corresponding thereto shall be dismissed.

Reasons

1. cite the judgment of the first instance;

The reasons for this Court concerning this case are as follows: (a) the reasoning for the judgment of the court of first instance is to change the phrase “it is deemed that the business is convenient” from the end of the 12th judgment of the court of first instance to the phrase “it is deemed that the business is convenient,” and (b) the phrase “aggressive measures the business of which can be recovered from the depression” from the end of the 21st judgment to the phrase “reasonable measures such as avoiding extreme choice due to depression,” and therefore, it is identical to the corresponding part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

The judgment of the court of first instance is justified as the conclusion is consistent with this, and all appeals by the defendant are dismissed. It is so decided as per Disposition.

Judges

The presiding judge, Kim Jong-Un only

Judges Kim Jae-ho

Judges Kim Gung-han