손해배상(기)
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The grounds for appeal against the Defendants by the Plaintiff cited the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. However, even in light of the evidence submitted in the court of first instance to this court, Gap evidence 17 through 19 (including the number of pages), and the result of field inspection by this court, the fact-finding and the judgment of the court of first instance are just and are not erroneous as alleged in the grounds for appeal by the Plaintiff.
Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420
(However, in full view of the purport of Gap evidence No. 11 and the whole pleadings, defendant B may be deemed to have deposited KRW 9,277,00 as the depositee on June 7, 2019, which was after the judgment of the court of first instance, and KRW 5% per annum from November 8, 2017 to January 10, 2019, and the delay damages amounting to KRW 1,109,428 per annum from June 7, 2019, including KRW 10,386,428, which is calculated at 15% per annum from the following day to June 7, 2019. Thus, the plaintiff's claim against defendant B as to the defendants of the plaintiff is also groundless). In conclusion, the plaintiff's primary and conjunctive claim against the defendants must be dismissed as all of the grounds.
The part of the judgment of the court of first instance against Defendant B ordering Defendant B to pay an amount equivalent to the above deposited amount to the Plaintiff. However, it is not possible to modify the judgment of the court of first instance so that the appeal is favorable to Defendant B who withdrawn the appeal and is disadvantageous to the Plaintiff, which is the appellant. Accordingly, only the appeal against the Plaintiff without any justifiable reason is dismissed. It is so decided as per Disposition by the assent of all participating Justices.