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(영문) 서울고등법원 2019.08.30 2018나2061353
기타(금전)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of the lawsuit after the appeal shall be borne by each person.

Reasons

1. This part of the facts of recognition is the same as the corresponding part of the judgment of the court of the first instance, except for the addition or replacement as follows. Thus, this part of the facts of recognition is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following contents shall be added to the "project proposer" of the 16th 16th of the judgment of the first instance.

“F Co., Ltd. (hereinafter referred to as “F”).

A) Around June 2016, the Defendant, a project executor of the instant project, and the said contract (hereinafter referred to as “instant contract”).

e) from 3 up to 4 lines of the decision of the first instance court.

subsection (1) shall be filled by the following:

“After E. After January 19, 2017, the Plaintiff, the Defendant, and G are held at the Defendant’s H office for “the detailed schedule of public relations and the advertisement concept consultation” (hereinafter referred to as “third-time conference”).

At the same time, the defendant's J department notified the detailed schedule and advertising strategies for the promotion of sale in lots according to the approval of the Ministry of Land, Infrastructure and Transport and the Housing Urban Guarantee Corporation, and the plaintiff reported the promotion of the sale in lots and the production of each medium after the second session. On the other hand, the plaintiff, after the third session, conducted CG work, etc. entering the printed materials in accordance with the direction of the above J department. 6 to 8 lines of the first instance judgment [based on recognition] [the ground for recognition] adding A evidence 31, 23, 26, and 31 of the evidence 20, and “(including each number)” includes all (including each number) numbers, unless otherwise specified.

hereinafter the same shall apply.

(i)be engaged in 10.0

The "Witness's testimony" of the fourth eight pages of the judgment of the court of first instance shall be followed by "K's testimony of the witness of the court of first instance".

2. The parties' assertion

A. Although the Plaintiff paid KRW 234,036,906 to implement the instant contract for damages due to Plaintiff 1’s nonperformance, the Defendant arbitrarily reversed the instant contract on or around February 2017, thereby causing damage equivalent to the said cost.

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