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(영문) 서울서부지방법원 2017.11.21 2017나35742

손해배상(기)

Text

1. The part against the defendant among the part against the defendant in the judgment of the first instance shall be revoked, and such part shall be subject to the above revocation.

Reasons

1. In the first instance trial, the Plaintiff was released due to the Defendant’s fault, such as that the contract for the sale of real estate was not notified of a serious defect in the subject matter of the contract, and accordingly, the Plaintiff appears to fall under the restoration of the contract amounting to KRW 40,00,000, and KRW 51,430,510 (the appraisal cost of KRW 40,000,000, KRW 5,610,000, KRW 1,800, KRW 1,800, KRW 280,000, KRW 280,000, KRW 5394, KRW 519, KRW 519, and KRW 51,430, KRW 519, KRW 510, KRW 200, KRW 510, KRW 100, KRW 400, KRW 510, KRW 10,000, KRW 293, the interest or late payment damages for the Plaintiff’s.

After the court of the first instance judged that the contract was cancelled or cancelled according to the warranty liability due to the Defendant’s fault, it recognized the total of KRW 47,000,000 and the interest or delay damages thereon by reducing the total of KRW 40,000 by 7,00,000 on the ground that the contract was cancelled or the contract was cancelled according to the warranty liability, and the total of KRW 40,000 and KRW 40,000 equivalent to the contract deposit scheduled as the damages,

Therefore, although the defendant filed an appeal against the whole part of the losing part, the plaintiff filed an incidental appeal against the remainder of KRW 33,00,000,000, 400, which is the estimated amount of damages, and damages for delay thereof in the first instance trial, on the premise that the plaintiff should be recognized as damages.

Therefore, among the plaintiff's claim for damages against the defendant, the amount exceeding 40,000,000 won, which is the estimated amount of damages and damages for delay, shall be the provisional domicile of KRW 5,610,000 for the director's expense of KRW 1,20,000 for temporary domicile.

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