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(영문) 서울고등법원 2015.09.25 2015나2005178

손해배상(기)

Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the following amount constitutes the Defendant-Counterclaim Plaintiff.

Reasons

The first instance court dismissed the plaintiff's principal lawsuit, and the plaintiff appealed against this, but the petition of appeal was dismissed, and the plaintiff's claim for principal lawsuit was excluded from the scope of the judgment of the party.

At the first instance court, the Defendant claimed KRW 69,377,417, totaling KRW 5,912,810, and totaling KRW 3,959,984, expected profit, KRW 23,53,574, and KRW 69,377,417, among the above claims, the Defendant used only KRW 5,912,810, and the settlement of accounts for unpaid sales, KRW 3,959,984, KRW 16,171,679, and KRW 26,474, and KRW 473, among the above claims.

The defendant appealed against the part dismissing a counterclaim (the difference in hosting expenses, = 6,653,440 won = 12,56,250 won = 5,912,81,895 won = 7,181,895 won = 23,353,574 won = 16,171,679 KRW 29,609 + 43,32,944). The defendant appealed against the remainder 5,597,440 won = above 6,653,440 won - 1,056,00 won for restoration expenses paid by the plaintiff, and 29,609,609 KRW 35,949,05,09.

Therefore, the part of the defendant's counterclaim except the purport of the reduced appeal was excluded from the scope of the trial.

The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, it is citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act

The defendant's assertion related to the claim for hosting costs related to the counterclaim was to bear the hosting costs of the D E-learning service system in the contract of this case.

Nevertheless, from November 2012 to December 2013, 2013, only KRW 12,566,250 out of KRW 12,05,00,000, and the Defendant, on behalf of the Plaintiff, bears the remainder of KRW 11,510,250 = 12,56,250 - 1,056,00.

Therefore, the defendant shall pay to the plaintiff the above KRW 11,510,250 and damages for delay.