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(영문) 서울고등법원 2017.11.16 2017나2031324
손해배상(기)
Text

1. The Seoul High Court Decision prior to remand, among the parts against the plaintiffs of the first instance judgment, rendered on January 20, 2017.

Reasons

1. Scope of trial of the political party after remand;

A. The Plaintiffs include claims for compensation for delay due to delay in occupancy against the Defendant and claims for compensation for damages due to tort as the primary claims for compensation for property arising from tort, and claims for consolation money due to tort as the preliminary claims.

D. The court of first instance rendered a decision to dismiss all the plaintiffs' claims.

Therefore, only the plaintiffs appealed against the plaintiffs in the part of the judgment of the court of first instance only concerning the claim for damages caused by illegal acts, and the judgment of the court of first instance accepted part of the appeal by the plaintiffs, and the defendant in the judgment of the court of first instance accepted part of the appeal by the plaintiffs, and accepted the part against the plaintiffs corresponding to "the amount indicated in the claim column by plaintiff in attached Table 2 and the amount of KRW 1,100,000 among each of them, from January 6, 2015, from January 4, 2015 to January 20, 2017, from July 15 to January 20, 2017, from the next day to the date of full payment, 5% per annum and 20% per annum from the next day to the date of full payment, and accepted the plaintiffs' claim corresponding to the revoked part.

Therefore, only the defendant appealed against the defendant among the judgment of the court before remand, and the Supreme Court reversed the part against the defendant in the judgment before remand and remanded.

B. Accordingly, among the parts against the plaintiffs in the judgment of the court of first instance, the part on the claim for delayed compensation due to the delay in occupancy was separated and finalized at the time the judgment of the court of first instance was rendered before the remand, and the part on the plaintiffs' loss in the judgment before the remand was separated and finalized by the judgment of the court of first instance. Thus, the part on which the judgment of the court of first instance was reversed and remanded by the judgment of remand is limited to

2. As to this part of the basic facts, this Court's reasoning is the same as that stated in Paragraph 1 of the judgment of the first instance, except as follows.

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