beta
(영문) 서울고등법원 2015.04.30 2014나2016058

손해배상금 등

Text

1.The judgment of the first instance shall be modified as follows:

Defendant B, Defendant B, and Defendant C, 1,513,583.

Reasons

1. Determination as to the allegations by the Parties from “1. Recognition” to “2. The grounds for the judgment of this Court in this Court;

(a) argument of the Parties;

B. Determination, 1) whether the principal registration of this case is invalid, and 2) as to the claim for damages arising from tort, the corresponding part of the judgment of the court of first instance is identical to that of the above corresponding part, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act, as well as the corresponding part of the corresponding part of the judgment of the court of first instance. (A) The part “each real estate listed in the separate sheet No. 2 of the judgment of the court of first instance

1. Each real estate listed in the list of real estate shall be written. (b) The part of the “real estate listed in the attached Table 2” in attached Form 11 of the judgment of the court of first instance (attached Form 2);

2. Each real estate listed in the list of real estate has been written. (c) The part of the “determination on the primary claim 2.” in Part 1 of Part 7 of the judgment of the first instance court was written “2. Determination on the Parties’ Opinion.” D. The claim is in total of KRW 4,579,079,830, as described in the attached Table 3, even though it is asserted that the KRW 2,186,808,286 of the judgment of the first instance is in total of KRW 4,579,079,830, as described in the attached Table 3.

Therefore, as a joint tortfeasor, the Defendants are obligated to compensate the Plaintiff for KRW 2,186,808,286.

Part “ [Attachment]

3. Defendant C’s assertion that it is KRW 4,579,079,830, such as the statement in the statement of settlement of accounts, is liable to pay KRW 30,000 to the Plaintiff, Defendant B, and Defendant C, 1,815,790,750 as compensation for damages caused by each joint tort, within the scope of money excluding the part acknowledged by the Plaintiff.

E. The defendant is obliged to return the above KRW 2,186,808,286 to the plaintiff with unjust enrichment in the seventh 19-20 of the judgment of the first instance.

Part “ to the Plaintiff, Defendant B is obligated to return the said KRW 30,000,000, and Defendant C is obligated to return the said KRW 1,815,790,750 for unjust enrichment.

"I have done so."

(f).