logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.12.01 2017나2043303
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following modifications and addition of the plaintiff's assertion that the plaintiff added to this court, and thus, it is identical to the ground of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420

The third and nine first instance judgment " November 1, 201" shall be deemed " October 19, 201," respectively.

The third 20th 20th tier judgment in the first 1st 20th e.g. “Stock Company e.g.,” shall be “Defendant”.

The 4th 12th tier "(including a serial number)" in the judgment of the first instance shall be "(including a serial number)."

The defendant against A. 5 side of the first instance judgment "A." shall be deemed "A."

The May 9th of the first instance judgment "the defendant" shall be deemed to be "the plaintiff".

2. Additional determination

A. Despite the Plaintiff’s agreement to bring an action according to the Plaintiff’s assertion, the benefit of the instant lawsuit ought to be exceptionally acknowledged for the following reasons.

(1) The value of Chinese real estate that the Plaintiff had to waive due to the Defendant was so wide as to prepare the instant declaration, and the Plaintiff’s mental stress continues to exist until now.

Such damage is an unexpected and unexpected loss at the time of the Plaintiff’s making the instant promise.

(2) The instant promise is null and void since it contains a comprehensive waiver of the right of action.

(3) The instant undertaking goes against the principle of fairness and good faith, since it is unilaterally and economically superior to the Defendant and the Plaintiff, who is based on an economic old-age.

B. (1) Even if the damages incurred due to the breadth, etc. of the Chinese real estate value claimed by the Plaintiff, there is no evidence to deem such damages incurred due to the Defendant’s nonperformance or tort, and thus, it is anticipated at the time of the partial lawsuit agreement.

arrow