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(영문) 서울고등법원 2019.06.21 2018나2027933

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, which cited the case, is as follows. ① The part of the reasoning of the judgment of the court of first instance is dismissed as follows. ② The judgment on the common assertion against the defendants of the plaintiff as referred to in paragraph (2) is added.

(The main text of Article 420 of the Civil Procedure Act). For convenience, the status of the co-defendant in the first instance trial is indicated as the "defendant" as in the first instance trial.

[Attachment] Of the reasoning of the judgment of the first instance, the Plaintiff filed a lawsuit against Defendant B on October 11, 2016, seeking confirmation of invalidity of the judgment of the present case (hereinafter “relevant civil lawsuit”) with the Seoul Central District Court 2016Gahap27448. On April 27, 2017, the first instance court of the relevant civil lawsuit pronounced a judgment dismissing the Plaintiff’s claim on April 27, 2017. Although the Plaintiff filed an appeal under this Court 2017Na202801, the appeal was dismissed on January 12, 2018, the Plaintiff filed an appeal under Supreme Court 2018Da210300, and the appeal was dismissed on May 30, 2018, and the lower court dismissed the entirety of the judgment of the first instance on the grounds that “the second instance court of the instant case’s punishment against Defendant B’s dismissal and punishment against Defendant B, 2016Da271617,” and the lower judgment’s reasoning.

According to the purport of Gap evidence No. 6 and all pleadings, the plaintiff filed a provisional disposition against defendant B on September 30, 2016, seeking suspension of the validity of the judgment of the court of departure of this case as Seoul Central District Court No. 2016Kahap81257 (hereinafter referred to as "related provisional disposition case") and ②.