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red_flag_2(영문) 서울고등법원 2019. 1. 22. 선고 2018누61699 판결

[손실보상금][미간행]

Plaintiff and Appellant

Plaintiff (Law Firm Definition, Attorneys Lee 1 et al., Counsel for the plaintiff-appellant)

Defendant, Appellant

Housing Redevelopment and Improvement Project Association (Law Firm specifications, Attorneys Park Byung-sick et al., Counsel for the plaintiff-appellant)

November 6, 2018

The first instance judgment

Suwon District Court Decision 2017Guhap67392 Decided August 9, 2018

Text

1. The plaintiff's appeal is dismissed.

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

1. Purport of claim

With respect to the Plaintiff KRW 847,530,824 and KRW 201,00,000 among them, the Defendant shall pay to the Plaintiff 5% per annum from July 28, 2017 to August 17, 2017; 15% per annum from the following day to the date of full payment; and 646,530,824 won per annum from the delivery date of the copy of the application for modification of the purport of the instant claim to the date of full payment.

2. Purport of appeal

Of the judgment of the court of first instance, the part against the plaintiff falling under the order to pay shall be revoked. The defendant shall pay to the plaintiff 523,528,674 won with 15% interest per annum from the day following the delivery date of a copy of the application for modification of the purport of this case to the day of complete payment.

Reasons

1. Quotation of the first instance judgment

The Plaintiff’s assertion at the trial does not differ from the Plaintiff’s assertion at the first instance court, and the first instance court’s determination, which partially accepted the Plaintiff’s request, is justifiable even after examining the evidence Nos. 9-1 through 3, and No. 10 of the evidence No. 10 submitted to the first instance court. The Plaintiff’s allegation that “No. 4 and 5” in No. 10 of the first instance court’s “No. 10 was submitted to Nonparty 6,” and that “No. 26,” in No. 21 of the first instance court’s “No. 1, 2016,” and “No. 3, the Plaintiff’s representative of the post office” in No. 8 of the first instance court’s “No. 1, 2016,” and “No. 8, the Plaintiff’s representative of the post office” in No. 12 of the “No. 1, 2016.”

2. Conclusion

Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

Judge Lee Young-young (Presiding Judge)