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(영문) 서울고등법원 2016.04.07 2015나2056244
구상금
Text

1. The part of the judgment of the court of first instance against the Defendants and the part of the order of payment under subparagraph 2(b).

Reasons

1. In the first instance court, the Plaintiff filed a selective claim concerning the judgment amounting to KRW 164,248,316 (i.e., damages amounting to KRW 104,090,000, KRW 60,158,316) against the Defendants according to the judgment of a tort lawsuit filed against the Plaintiff and the Defendant Gyeonggi Environment Construction Co., Ltd. (hereinafter “Defendant Gyeonggi Environment Construction”) (i.e., the damages amount to KRW 104,090,00). As a selective claim, the Plaintiff filed a claim for damages due to nonperformance, the claim for indemnity due to the joint and several liability due to nonperformance, or the joint and several liability due to an internal relationship between the joint and several obligors, or the joint and several liability amount due to the joint and several liability amount. The court of the first instance partly accepted the Plaintiff’s liability for damages due to nonperformance

As to this, the plaintiff appealed against the plaintiff in the judgment of the court of first instance only for the damages for delay of the above judgment (hereinafter "the damages for delay of this case"), and the defendant appealed only for the part against the defendants in the judgment of the court of first instance and appeal incidental thereto. Thus, the actual object of the judgment of this court is limited to the part against the plaintiff in the judgment of the court of first instance and the part against the defendants.

Ultimately, among the part against the plaintiff in the judgment of the court of first instance, the portion excluded from the object of actual adjudication of this court is "5% per annum from November 7, 2014 to November 24, 2014, the delivery date of a copy of the complaint of this case, and 20% per annum from November 7, 2014 to November 24, 2014," and "the portion" and "83,272,000 won per annum from November 7, 2014 to November 24, 2014, and the amount by 15% per annum from the next day to September 18, 2015, which is the date of the judgment of the court of first instance."

2. The basic facts:

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