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(영문) 광주고등법원 2020.07.16 2019나24017

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

Defendant.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is that the defendant D's liability for damages is limited to 70% of the amount of damages equal to that of the defendant B Co., Ltd. (hereinafter "the defendant B"), and C, and the judgment of the court of first instance 3.

In addition to the following cases, the term "sub-committee theory" is used as the grounds for the judgment of the first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Therefore, Defendant B and C are jointly obligated to jointly pay to the Plaintiff 243,940,622 won (348,486,603 won x 70% x less than 70%) and to serve a copy of the complaint of this case sought by the Plaintiff. From July 26, 2018 to June 16, 2018, Defendant C is deemed reasonable to dispute as to the existence or scope of the above Defendants’ performance obligations until August 29, 2019; 5% per annum prescribed by the Civil Act from August 29, 2019 to the date of complete payment; 12% per annum from the next day to the date of complete payment; 30% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings; 20% per annum from the next day to the date of complete payment; 30% per annum prescribed by the Civil Act from the 203rd day to the 25th day after the second day of the judgment; 2019% per annum from the next day of this case.

2. The conclusion is that the plaintiff's defendants.