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(영문) 서울고등법원 2018.12.06 2017나2048667

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except where a judgment on the assertion that the plaintiff was additionally added or emphasized by this court is added under paragraph (2).

(The main sentence of Article 420 of the Civil Procedure Act). 5 pages 5 of the judgment of the court of first instance shall be "subscribers" from the subscribers.

The 10th table inside the 5th letter of the judgment of the court of first instance shall be applied to the 10th letter of the judgment of the court of first instance by adding the 10th "regional business privilege fees"

The "Distribution Fund" shall be raised to "Distribution Fund" under the 6th letter of the judgment of the court of first instance.

The 7th letter of the judgment of the first instance court "I" in the 7th letter of the judgment of the first instance shall be raised to "I".

The "Maintenance Manual" of 8 shall be applied to "Maintenance and Repair" under 7 pages of the judgment of the court of first instance.

The second letter of the judgment of the court of first instance shall consist of two parts below the 9th letter "E. 12, 2013" as "E. 12, 203. 5. 12."

[Judgment of the court of first instance] 2 to 3 others

(c) 2 The term “paragraph” means:

다. 1 항”으로 고쳐 쓴다. 제1심판결문 11쪽 표 안 4행의 “I는은”을 “I는”으로, 5행의 “55년간은”을 “5년간은”으로, 16행의 “지냔”을 “지난"으로 각 고쳐 쓴다.

2. Additional determination

A. The first summary of the Plaintiff’s first argument is that, first, K would have been able to obtain all receiving fees without entering into a collaboration contract with O or allocating receiving fees toO, because K would have been able to secure O subscribers if K had opened a new transmission network within the project area by either directly accepting O or disregardingO.

Nevertheless, the Defendants’ act was in breach of trust that caused damage to K, and even if the Defendants received the total amount of the above receiving fees or the amount of the above receiving fees and conducted a business by acquiring theO directly, it should have been disbursed.