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(영문) 서울고등법원 2019.03.13 2018나2057347

손해배상(기)

Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: ① “10,36,862,00 won” as “10,36,862,00 won” as “10,36,862,00 won” in the part 3 of the 4th sentence of the judgment of the court of first instance; ② the Defendant’s last behavior read “the Plaintiff” as “the Defendant,” and “the Plaintiff” in the 10th 10 portion as “the Defendant,” and “the Plaintiff,” respectively, as “the Defendant,” and the 10th 10 part of the 10th 10 judgment as “the Defendant,” and the 2nd 10th 10 portion of the 10th 10 judgment as to the assertion added by the Plaintiff in this court,

2. Additional determination

A. As to the claim for damages under Article 578(3) of the Civil Act, the Plaintiff’s claim for damages under Article 578(3) of the Civil Act does not change the existence of the liability for damages depending on the substance of the assumption contract of obligation, and the purport of the liability for damages is that the obligor and the obligee are liable for damages contrary to the principle of good faith. Thus, the Defendant is liable for damages under Article 578(3) of the Civil Act. (2) of the Civil Act provides that “In the case of auction, the successful bidder may demand the obligor to cancel the contract or to reduce the price in accordance with the preceding eight Articles.” (2) provides that “If the obligor has no capacity in the case of paragraph (2), the successful bidder may demand the obligor or the obligee who has received the payment to return all or part of the price.” (3) provides that “If the obligor fails to notify the obligor of the defect in goods or rights, or the obligee has requested auction with the knowledge of such defect, the successful bidder may claim for damages against the obligor or obligee.”