beta
(영문) 서울고등법원 2017.08.17 2015나2068834

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

(b).

Reasons

1. The cited laws and precedents of the first instance judgment shall continue, but may be amended or changed if the procedural requirements are met.

If there is a precedent continuing, the procedure requirement for changing the case is diverse if the case consists of the first instance court and the appellate court court, in addition to the first instance court.

In this case, there is a clear Supreme Court precedent, which is the first instance court, and the first instance court is also citing the existing Supreme Court precedent, and there is also lack of exceptional circumstances necessary for the formation of a judgment for modification of precedents at the appellate court level. Therefore, the existing Supreme Court precedents and the judgment of the first instance that cited the precedents

The reasoning of this Court concerning this case is as follows, and it is identical to the reasoning of the judgment of the court of first instance except for the addition and replacement of the main text as follows. Thus, this Court cites the summary and the attachment as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(However, the part against the co-Plaintiffs of the first instance court, which became separated, is excluded). 2. Attached Form 1 of the first instance judgment replaced by the

2. Attached Form of this Judgment;

2. It shall be replaced by a claim list;

3.The third side of the part added or dried shall be added to the following:

On November 18, 2015, an AI in the appellate court died of November 18, 2015, and the heir was the plaintiff G, AK, AM and the first instance court co-Plaintiff AJ and AL, but the above AJ and AL waived the inheritance of the claim for damages of the network AI.

Part 3, "A through 12, 15" shall be written with "A through 12, 15, and 20" in Part 17.

Part V "Court" shall be amended to "Court of First Instance".

Part 6, Part 13, Part 9, and Part 111, each "this Court" shall be added to each "first instance court".

Part 9 "The result of the self-examination of the plaintiff E" and Part 13 "the result of each self-examination of the plaintiff F and G" are added respectively to "the first instance court" in the front of "the result of each self-examination of the plaintiff F and G".