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(영문) 서울고등법원 2021.01.20 2020나2020430

손해배상(기)

Text

The judgment of the first instance, including the claims extended by this Court, shall be modified as follows:

A. The defendant corporation.

Reasons

1. The grounds for admitting and amending the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except where part of the first instance judgment was used as follows. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The amount of KRW 4,827,90,000 insurance coverage amounted to KRW 4,827,90,000 for 6th of the first instance judgment (“the part”) insurance coverage amounted to KRW 482,790,00 for 6th of the first instance judgment.

The court of first instance shall have the same court from 18th to 19th.

“The same court 2018 transferred to 6805 the same court. The above court rendered a judgment dismissing the claim for damages against the Plaintiff by Defendant B on August 20, 2020, and the above judgment became final and conclusive around September 2020 as Defendant B’s petition of appeal was dismissed.

“Aro-friendly”.

The part of the I underground floor pipeline construction in 17 Myeon 17 of the first instance judgment is "I underground floor pipeline construction" as "I underground floor pipeline construction."

Of KRW 232,916,00 for the Plaintiff’s 296,025,759 of the last 22th of the judgment of the first instance, “The part of KRW 232,916,00 for the Plaintiff” above 296,025,759.

The first instance court's 25th trial's 25th trial's 11th trial to 16th trial's trial's decision shall be followed as follows:

Therefore, with respect to the Plaintiff who comprehensively succeeded to the rights and obligations of Defendant B, as to the above KRW 296,025,759 and KRW 232,916,009 from April 24, 2017 to June 11, 2020, which is the date of the payment of the construction price of the instant case, Defendant B’s claim for the payment of the construction price of KRW 232,916,00 from April 24, 2017 to June 11, 2020, 12% per annum under the Commercial Act; the remaining KRW 63,109,750 from April 24, 2017 to the date of full payment; the purpose of the claim of this case from the date of delivery of a copy of the application for change of the cause of the claim to the Plaintiff; and the rate of damages calculated by 6% per annum from the day following the date of full payment to September 22, 2017 to the date of full payment.

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