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(영문) 서울고등법원 2015.10.16 2014나2043944
손해배상
Text

1. All the plaintiff's appeal and the plaintiff's conjunctive claim added at the trial are dismissed.

2. Appeal.

Reasons

1. The first instance court dismissed all the plaintiff's claim on the main lawsuit and the defendant's counterclaim, and only the plaintiff filed an appeal on the part against which the plaintiff lost (the part on the main lawsuit) and added the main claim to the main lawsuit for the first instance. The scope of the trial court's judgment is limited to the plaintiff's main claim and the main claim added to the main lawsuit for the second instance.

(A) In the first instance court, the Plaintiff filed a claim for the agreed amount pursuant to the pledge on February 4, 2013 at the first instance court, and added the claim for damages due to nonperformance at the first instance court. Each of the above claims is for the same economic purpose, and when one of the claims is extinguished due to repayment, etc. as to the overlapping part, the other party’s obligation is also extinguished, and the other party’s obligation is not in a legally incompatible relationship. Thus, this court is in accordance with the nature of the aforementioned joint claim, and the order of determination is based on the order attached by the Plaintiff).

2. The reasons why this Court has used this part of the basic facts are as follows: (a) inasmuch as the part of “1. Basic Facts” in the judgment of the court of first instance is the same as that of “1. Basic Facts” in the judgment of the court of first instance, the same shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The reasoning for this Court to use this part of the judgment on the main claim is as follows: (a) the main claim of the first instance court No. 14 and 15 of the fifth and fifth acts of the first instance judgment is “non-founded; (b) the main claim of the main claim cannot be accepted; and (c) except for the addition of the following acts, the part of the judgment on the main claim of the first instance court is as stated in the part of “2. Judgment on the main claim of the main claim” under the main sentence of Article 420 of the Civil Procedure Act.

On the other hand, at the time of the trial, the Plaintiff did not raise an objection even though his employee G and H were present at the time of preparing the instant text, and (b) the Defendant.

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