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(영문) 서울중앙지방법원 2017.05.24 2016나42540
손해배상(기)
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. The main office;

Reasons

1. The scope of the judgment of this court in the first instance filed a claim against the co-defendant B, C, and Defendant in the first instance trial against the Plaintiff, and the co-defendant B, Co-Defendant B, Ltd. in the first instance trial filed a counterclaim against the Plaintiff seeking construction cost. The court of first instance accepted part of the claim in the principal lawsuit and rendered a judgment dismissing the remainder of the principal claim and the counterclaim, and it is evident that only the Defendant filed an appeal.

Therefore, the plaintiff's main claim against the defendant is the object of this court's judgment.

2. The grounds for the judgment of this court which cited the judgment of the court of first instance are as follows.

1. Since the judgment on the main claim is identical to the part of the judgment on the main claim, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

[3] The court's fact-finding and judgment at the court of first instance are justifiable even if the evidence duly adopted and examined by the court of first instance shows that the defendant's evidence Nos. 4 through 8 (including the main number) submitted by this court was included, and there is no error as alleged by the defendant as the grounds for appeal. 3. Thus, the defendant is jointly and severally with Co-Defendant B and C of the court of first instance to pay damages to the plaintiff KRW 100,000,000, and damages for this, three days have passed since the delivery date of a copy of the complaint at the court of first instance to the plaintiff. The plaintiff's legal interest rate from September 12, 2015 to September 30, 2015 under Article 3 (1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 2653, Sep. 25, 2015).

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