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(영문) 서울고등법원(인천) 2020.06.05 2019나11928
손해배상(기)
Text

1. The defendant among the judgment of the first instance, including the plaintiff's claim for addition, extension and reduction in this court.

Reasons

1. The court of first instance, the scope of the trial of this Court, dismissed the Plaintiff’s primary claim against the Defendant and the first preliminary claim, accepted part of the second preliminary claim, rejected the remainder of the second preliminary claim, and only the Plaintiff appealed on the part against the Plaintiff among the second preliminary claims against the Defendant. As such, only the second preliminary claim against the Defendant, including the Plaintiff’s additional, expanded and reduced claim, is subject to the judgment of this Court.

2. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance (excluding, however, the part as to conclusion and separation, B, and C) except for dismissal or addition as set forth in paragraph (3) below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The part to be dismissed or added shall be referred to as the “attached Form 2 List” in the 6th page 3 of the judgment of the court of first instance.

On the third and seventh sides of the judgment of the court of first instance, “Appointed Company” shall be deemed to be “Defendant”, “Defendant B” to be “Codefendant B of the court of first instance,” and “Defendant B” to both “Defendant” and “Defendant B” to “Codefendant B of the court of first instance.”

In addition, “A” is responsible for and released from the trust of F on each land of this case between the 10th and 11th parallel inside the judgment of the first instance. “Defendant C” in the 5th parallel 14th parallel 14th parallel 14th parallel 3th parallel 3th parallel 3th parallel 16th parallel 16th parallel 3th parallel 13th parallel 16th parallel 3th parallel 16th parallel 16th parallel 2th parallel 3th parallel 3th group. “The parties to the sales contract of this case are the Defendant, and thus, the Defendant is obligated to compensate for damages equivalent to the value of each land of this case suffered by the Plaintiff due to the nonperformance of the Defendant’s obligation under the sales contract of this case.

(2) The instant sales contract, which is the second preliminary claim, is concluded.

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