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(영문) 서울고등법원 2017.05.17 2016나2064747

손해배상(기)

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff and defendant of the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even if the evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of the judgment of the court of first instance is as follows: “The remaining KRW 19 million remains after deducting KRW 45 million from the person whose obligation was extinguished by the Plaintiff’s repayment received from Defendant B,” in the 8th and 2th of the judgment of the court of first instance, except that “the Plaintiff shall be subject to the Plaintiff’s intention to extinguish the jointly assumed obligation between the Defendant and the co-defendant B” and the remaining KRW 19 million after deducting KRW 45 million paid by the Plaintiff from the co-defendant B of the court of first instance. Therefore, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(However, the decision of the court of first instance is just, and all appeals filed by the plaintiff and the defendant are dismissed, since the decision of the court of first instance is just.