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(영문) 서울고등법원 2017.07.25 2016나208657

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, some of the following shall be added or added:

[Supplementary Part] 4 7 pages 7 of the first instance judgment’s statement “A evidence No. 2” added to “the evidence submitted by the Plaintiff, including the testimony of witness D at this court.”

[Supplementary part] The three-dimensional 3 pages of the judgment of the court of first instance "A" shall be written with "A evidence Nos. 1 and 5 and some testimony of witness D of this court".

The third 15 to 17 of the judgment of the court of first instance held that “870,00,000 won (i.e., market price of 1,500,000,000 won - KRW 500,000 - amount of 130,000,000) to be paid to D is liable for compensation,” and that “as the market price of real estate has suffered 630,80,000,000 won, excluding the amount of the decision of recommending a compromise from the market price of real estate, the Plaintiff is jointly and severally liable for compensation.”

The 50,000,000 won in the first instance judgment of April 16 to 17 shall be written with "50,000,000".

The 5th written judgment of the first instance court did not have any evidence as to the fact that the plaintiff knew or could have known," and the 5th written judgment of the first instance court, "it is insufficient to recognize it only by the evidence submitted by the plaintiff, and there is no other evidence to acknowledge it."

2. The decision of the court of first instance is justifiable.

The plaintiff's appeal is dismissed.