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(영문) 서울고등법원 2015.04.17 2014나50236
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

The court of first instance, after the process of the lawsuit in this case and re-return, found the plaintiff's cause of the lawsuit in this case as a claim for compensatory damages on the ground that the defendant's obligation to perform the registration procedure for cancellation of ownership preservation was impossible, and rendered judgment in favor of the plaintiff to pay "5% per annum from May 1, 2009 to August 18, 2009, which is the date of the first instance judgment from May 1, 2009, the date of the first instance judgment, and 20% per annum from the next day to the date of full payment."

In regard to this decision, the defendant appealed to the whole part against the defendant, and the plaintiff appealed to the whole part against the plaintiff.

Before remanding, the first instance court rendered a judgment dismissing both the Plaintiff’s incidental appeal and the Defendant’s appeal, and only the Defendant appealed against the entire part against the Defendant.

The judgment of remand was affirmed by the defendant's appeal on the ground that the plaintiff's ground of appeal was illegal, but the judgment before remand was illegal, and the part against the defendant in the judgment before remand was reversed and remanded.

In the judgment of the court of the first instance, the court of re-transmission revoked the part of the judgment against the defendant ordering payment of 686,649,600 won to the plaintiff and 5% interest per annum from May 1, 2009 to October 18, 2012, and 20% interest per annum from the next day to the date of full payment, and dismissed the plaintiff's claim corresponding to the revoked part, and sentenced the defendant to dismiss the remaining appeal.

As to this, the defendant appealed to the whole part against the defendant, and the plaintiff did not appeal.

The judgment of re-transmission is accepted by the defendant's appeal and the judgment of re-transmission.

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