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(영문) 서울고등법원(춘천) 2020.05.13 2019나50272

손해배상(기)

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

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

Reasons

1. The reasoning of the court’s explanation as to this case is as follows, except for the modification of the pertinent part of the judgment of the court of first instance as stated in the grounds of the judgment of the court of first instance (excluding the part pertaining to “3. conclusion”). Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The modification shall be amended to “H Co., Ltd. (hereinafter the indication of the corporation is omitted)” of 3 pages 6 of the modification part.

The 3rd nine parallels “Defendant Korea Highway Corporation” shall be amended from the Republic of Korea to “Korea”.

4 Under 10 to 9, the Court shall revise the Seoul High Court Decision 2017Na331 Decided August 29, 2018 to "Seoul High Court Decision 2017Na331 Decided August 29, 2018".

4 Under the 4th below, “18” shall be added to “2,23” after the 8th sentence.

4 The following shall be amended from five to the last one:

Defendant H buried wastes on the entire land of this case while performing the construction of this case. Defendant H, as the implementer and supervisor of the construction of this case and the supervisor of the entire land of this case, Defendant Korea Highway, despite being aware of the reclamation of wastes as above, did not interfere with the reclamation of wastes, or did not comply with any preliminary and supervisory responsibility. Due to these tort committed by the Defendants, the Defendants were liable to compensate Q Q, who is the purchaser of each land of this case, for damages based on the seller’s warranty liability. Accordingly, the Defendants, the joint tortfeasor, jointly, are jointly liable to compensate the Plaintiffs for damages equivalent to the amount of damages incurred by the Plaintiffs to Q.” 5th 3 to 4th 5th 5th 5th “The Defendants, as the joint tortfeasor, are jointly liable to compensate for damages equivalent to the amount of damages incurred by the Plaintiffs to Q.”