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(영문) 서울고등법원 2018.06.28 2018나2008925

손해배상(기)

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1. All appeals by the Defendants against the Plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendants.

Reasons

1. The scope of the judgment of this court and the co-defendant CB,CC, CF, CF, CG, CH, CI, CJ, CK, CL, CM, CN, CN, CN, CO, and Q in the first instance trial and the co-defendant B (hereinafter “B”) were the defendants. The court of the first instance accepted part of the plaintiffs’ claims against the defendants, and dismissed both the plaintiffs’ claims against B and the claims against the defendants and the co-defendants of the first instance trial.

As to this, the Defendants filed an appeal against both the Plaintiffs and the joint Plaintiffs of the first instance trial, and the Plaintiffs and the joint Plaintiffs of the first instance trial did not file an appeal against B.

After that, the Defendants withdrawn the appeal against the co-Plaintiffs in the first instance trial.

Therefore, the scope of this court's judgment is limited to the plaintiffs' part of winning in the plaintiffs' claims against the defendants.

2. Basic facts

A. The party status 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”)

) The company is a post care center business in the trade name of “D post care center”, and B is the representative director of the defendant company, and the defendant C is a post care center E (hereinafter “instant post care center”).

(2) The Plaintiffs Nos. 1 through 75 of the Plaintiffs’ list No. 1 to 75 (hereinafter “Plaintiff’s newborns”) are newborns admitted to the instant postnatal care center, and the Plaintiffs Nos. 76 through 215 (hereinafter “Plaintiff’s parents”) are the parents of Plaintiff’s newborns.

B. The Plaintiff’s Plaintiff’s parents, who used the instant postnatal care center, concluded a contract to use a postnatal care center with the Defendant Company from May 21, 2015 to August 18, 2015, and both the mother and newborn baby were staying in the instant postnatal care center, as indicated in the “period for admission to the Plaintiff Newborns, etc.” column of attached Table 2, from May 21, 2015 to August 18, 2015.

Article 10. Ther.