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(영문) 서울고등법원 2018.08.30 2017나2066542
손해배상(기)
Text

1. The plaintiff's claim extended by this court against the defendant promotion enterprise corporation shall be dismissed.

2. The judgment of the court of first instance.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the court of first instance, which is advanced or added, is collectively called “Defendant Kim & Kim” as “Co-Defendant Kim & Kim in the first instance trial.”

From 5th to 18th of the judgment of the first instance court, the 5th to 9th of the judgment is as follows.

E. The sectional owners of 441 households among the 522 households of the instant aggregate building in lieu of defect repair (hereinafter “transfer household of the instant case”) transferred to the Plaintiff the damage claim in lieu of defect repair in the first instance trial co-defendant, Kim & Kim, and delegated the right to notify the transfer to the Plaintiff.

Accordingly, the Plaintiff notified the Co-Defendant Kim & Kim of the instant assignment of claims to the Co-Defendant Kim & Kim in the first instance trial. On November 1, 2015, the household on January 6, 2016 (in calculating the notification to one of the co-owners of one household, 0.5; hereinafter the same shall apply), the household on June 22, 2016, and the household on July 20, 2016, each of the notification of assignment of claims to the Co-Defendant Kim & Kim&W reaches the first instance co-Defendant Kim & Kim&W.

F. Of the judgment of the court of first instance, the Plaintiff confirmed the part on the claim for damages against the Co-Defendant Kim G&W, as the instant lawsuit, sought reimbursement of damages in lieu of the defect repair of the instant aggregate building by the sectional owners who were transferred as above to the Co-Defendant Kim An&W. Accordingly, the court of first instance rendered a judgment citing part of the claim that “The Co-Defendant Kim G&W of the first instance shall pay to the Plaintiff 491,747,139 won, and interest calculated at the rate of 5% per annum from May 27, 2016 to October 13, 2017, and 15% per annum from the next day to the date of full payment.” However, the Plaintiff and Co-Defendant Kim G&W of the first instance did not appeal as it is.

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