beta
red_flag_2(영문) 부산지방법원 2018.8.31.선고 2018나43682 판결

손해배상(자)

Cases

2018Na43682 Compensation for damages

Appellant Saryary appellant

1. A;

2. B

3. C.

[Judgment of the court below]

Defendant-Appellant and Appellants

D Corporation

Attorney Ansan-gun, Counsel for the defendant-appellant

The first instance judgment

Busan District Court Decision 2016Da303204 Decided February 8, 2018

Conclusion of Pleadings

July 20, 2018

Imposition of Judgment

August 31, 2018

Text

1. All appeals filed by the plaintiffs and the defendant are dismissed. 2. Costs of appeal are assessed against each party.

Purport of claim and appeal

1. Purport of claim

The defendant shall pay to the plaintiff A 194,482,430 won, the amount of 10,000,000 won, each of the above amounts, and 10,000 won, with 5% per annum from August 15, 2015 to March 22, 2017, and 15% per annum from the next day to the date of complete payment.

2. Purport of appeal

A. The plaintiffs: The part against the plaintiffs in the judgment of the first instance shall be revoked. The defendant shall pay to the plaintiffs A 61,05,690 won, each of the 8,000,000 won, and each of the above amounts shall be 5% per annum from August 15, 2015 to March 22, 2017, and 15% per annum from the next day to the date of full payment.

B. Defendant: The part against the Defendant in excess of the money ordered to be paid under the judgment of the first instance is revoked and the Plaintiffs’ claim corresponding to the revoked part is dismissed. The Defendant shall pay KRW 75,083,577 to the Plaintiff A.

Reasons

1. Quotation of the first instance judgment

The reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main text of Article 420 of the Civil Procedure

2. Conclusion

Since the judgment of the first instance is justifiable, all appeals filed by the plaintiffs and the defendant are dismissed.

Judges

The presiding judge, judge, associate judge

Judges Kim Gin-hee

Judge Muma decoration

심급 사건
-부산지방법원 2018.2.8.선고 2016가단303204