beta
(영문) 부산고등법원 2021.01.27 2020나50112

구상금

Text

All appeals by Defendant (Counterclaim Plaintiff) and incidental appeals by Plaintiff (Counterclaim Defendant) are dismissed.

Expenses due to an appeal shall be those resulting from an appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except in a case where the judgment is used or added as follows, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Of the reasoning of the judgment of the court of first instance, the part written by the court “” in this court is collectively dismissed as “the first instance court.”

The facts of the judgment of the court of first instance No. 7, 19, i.e., the above facts of the recognition and the evidence mentioned above “part” are the facts of the recognition and the evidence mentioned above, and the evidence stated in Gap No. 27 and 28.

Each signature and seal of "(8) 15 Myeon-15 Myeon-15 Myeon-2," which is signed and sealed by the court of first instance.

In addition to the relationship with M, the Defendant prepared and provided a letter of commitment (Evidence A No. 27) around July 2014 and a letter of commitment (Evidence A No. 28) around November 18, 2014 to the Plaintiff on the premise that the subject to whom the obligation for rent and the cost of goods belongs is the Defendant, as well as the relationship with the Plaintiff with the Plaintiff.

The term "ro-friendly" is changed.

If only KRW 124,090,104 of the outstanding amount among the total debt amount of KRW 377,233,834 of the instant settlement statement as stated in the Defendant’s claim that “part” is liable to the Defendant, the Defendant asserts that the outstanding amount of KRW 124,090,104 of the outstanding amount of KRW 377,233,834 of the total debt amount of the instant settlement statement [including value added] 134,090,104 of the unpaid rent up to October 21, 2015 (including value added) and KRW 124,090,104 of the unpaid rent (including value added) and KRW 301,358,634 of the total tax account statement issued by E up to September 30, 2015, only the Defendant is liable to the Defendant’s direct preparation for the M&17,281,281,2081.

In the judgment of the court of first instance, No. 12, 16, 17 conduct, “A” in the report related to the settlement of accounts of the Defendant (No. 20-2) and “A” in the report related to the settlement of accounts of the Defendant “A” (No. 19-2).

3. Additional determination

A. The Plaintiff’s assertion is the sum of the construction cost of this case to the Defendant from January 28, 2014 to October 31, 2015.