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(영문) 서울고등법원 2020.01.31 2016나2067135
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. On April 2010, at the first instance court, the Plaintiffs filed a claim for damages arising from the Defendant’s tort due to the Defendant’s personal information leakage (hereinafter “instant claim 1”) and on December 2013, the Defendant’s claim for damages arising from the Defendant’s tort due to the Defendant’s personal information leakage (hereinafter “instant claim 2”). On the other hand, the first instance court partly accepted the instant claim 1 and rendered a judgment dismissing the remainder of the claim.

Accordingly, since only the defendant appealed against the defendant among the part of the first instance judgment against the defendant (i.e., the part accepting part of the first instance judgment), the scope of the judgment of this court is limited to the claim of this case among the part against the plaintiffs of the first instance judgment against the plaintiffs of this case (the first instance court dismissed all the claims against the defendant of "joint plaintiffs of the first instance court except the plaintiff," and the claims against "joint defendants B of the first instance court" of the above first instance court against "joint plaintiffs of the first instance court," and this part of the first instance judgment became final and conclusive as they are all). 2. The reasons for this decision are the same as that of the corresponding part of the second instance judgment of the first instance court (the part "1. basic facts" of the second instance judgment) and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act. However, since "Defendant A" and "Defendant B" or "Defendant B" are codefendants of the first instance court as well as the corresponding part of the second instance judgment with respect to the defense of this case (the corresponding part of this case as mentioned above).

3. The parties' assertion and judgment

A. The grounds for this Court’s assertion concerning this part are stated in the summary of the 1st party’s claim.

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