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(영문) 서울고등법원 2017.12.19 2017나2034293
구상금
Text

1. The plaintiff's appeal against the defendants and the defendant A's appeal are all dismissed.

2. The plaintiff and the defendant A. among the costs of appeal.

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

However, the plaintiff and defendant A shall write down or add the corresponding part of the judgment of the first instance in accordance with the following paragraph (2) by reflecting the new or repeated arguments, etc. in the trial.

2. The phrase "this Court" in the 7th sentence 3 and 8 of the first instance court's decision shall be applied to the word "sansan Branch of the Suwon District Court".

Pursuant to the 8th sentence of the first instance court, “The amount of damages that the Plaintiff is liable to compensate was dismissed (2013Na2056)” was as follows.

The amount of damages that the Plaintiff is jointly and severally liable with the Defendants is KRW 1,322,773,943, which is part of the damages that the Defendants are liable to compensate for with the Defendants, KRW 1.683 billion against U, and KRW 200 million against KRW 1.683 billion against the Defendants, and KRW 200 million against Section V, and the remainder of each claim againstO, U, and V was dismissed (Seoul High Court Decision 2013Na2056, Jan. 29, 2015; Supreme Court Decision 2013Na2056, Jan. 29, 2015; Supreme Court Decision 730,000,000 which the Plaintiff and the Defendants are liable to compensate with the Defendants, on the other hand, because the Plaintiff denied the Plaintiff’s liability for damages.

On the other hand, unlike the first instance court, the above appellate court rejected the plaintiff's and the defendants' assertion of comparative negligence, and partially accepted the claim of comparative negligence or profit deduction.

(1) On November 20, 2013, the Incheon Airport Corporation acquired part of the damage claim against the Plaintiff (181,42,644 won) of the O’s damage claim against the Plaintiff on November 20, 2013, and 11, including the Korea Credit Guarantee Fund, issued a seizure and collection order or provisional seizure order against the O’s damage claim against the Plaintiff.

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