손해배상(자)
2020Na7098 Damages (i.e., losses)
1. A;
2. B
3. C
[Defendant-Appellee] Plaintiff 1 et al., Counsel for defendant-appellant-appellee
D Corporation
Attorney Song-chul et al., Counsel for the defendant-appellant
Jeonju District Court Decision 2019Da18121 Decided July 24, 2020
May 26, 2021
June 23, 2021
1. All appeals by the plaintiffs and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
1. Purport of claim
The defendant shall pay to the plaintiff A 135,894,031 won, the amount of 88,596,020 won, each of them shall be 5% per annum from October 24, 2017 to the service date of a copy of the application for modification of the purport of the claim and the cause of the claim in this case, and 12% per annum from the next day to the day of full payment.
2. Purport of appeal
A. The plaintiffs
The portion of the judgment of the court of first instance against the plaintiffs falling under the part ordering payment under the above shall be revoked. The defendant shall pay to the plaintiffs 3,861,525 won, 24,574,350 won, each of them shall be 5% per annum for each of the 24,574,350 won, and 12% per annum for each of the 24,574,350 won from the following day to the service day of a duplicate of the complaint of this case and for each of the 12
B. Defendant
Of the judgment of the first instance, the part of the judgment against the defendant ordering the plaintiff A to pay more than KRW 26,734,38,00 against the defendant in excess of KRW 42,607,078,078, and all of the plaintiffs' claims corresponding to the revoked part are dismissed.
The grounds for appeal by the plaintiffs and the defendant are as alleged in the first instance court, and even if the evidence submitted to the court of first instance was presented in the evidence submitted to the court of first instance, it is recognized that the facts-finding and judgment of the first instance are legitimate. The reasons for the court to explain this case are as stated in the part of the grounds of the first instance court, and therefore, they are cited in accordance with the main sentence of Article 4
Therefore, since the judgment of the first instance is legitimate, the appeal by the plaintiffs and the defendant is dismissed.
Judges Cho Jae-hwan
B. Prizes for judges
Judges O Chang-gu