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(영문) 서울남부지방법원 2020.12.24 2019나68723
손해배상(기)
Text

The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The reasons why the court should explain this part of the judgment on the basis of facts and the cause of the claim are as follows: (a) the part of the first instance judgment No. 4, 16, 17 (2) and the part No. 6, 5, and 11 (2) are deleted; (b) each “74,912,964 won” of the 6th 12, and the 76th 16th 16 parallel “64,182,964 won”; and (c) each “59,930,371 won” of the 7th 16 parallel as “51,346,371 won” are as stated in the corresponding part of the judgment of the first instance court, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

【However, the Co-Defendant B of the first instance court (hereinafter “B”) whose separation is determined

2. Determination as to the Defendant’s assertion on the extinguishment of obligation

A. The claimed amount of the instant mutual aid agreement refers to the total amount of compensation for all mutual aid accidents caused by the act of brokerage of the mutual aid holder during the period of mutual aid. Of the period of mutual aid (from March 11, 2014 to March 10, 2015; hereinafter “instant mutual aid agreement”), J and K were victims involved in the instant mutual aid agreement, and the Defendant paid or deposited the total amount of compensation for losses arising from the instant mutual aid agreement’s intermediary conduct during the mutual aid agreement’s mutual aid agreement’s mutual aid agreement’s mutual aid agreement’s period, the Defendant’s liability for mutual aid payment to the Plaintiff was extinguished.

B. Determination is based on Article 8 (1) of the terms and conditions applicable to the mutual aid agreement of this case, which provides that "liability for compensation for losses to the Association shall be limited to the number of clients who suffered losses due to all brokerage accidents that occurred during the period of mutual aid covered by the mutual aid agreement between the Association and the mutual aid holders, or the total sum of the amount of compensation for damages that each client may compensate from the Association regardless of the number of clients or the amount of such damages, shall be liable within the limit of the amount of the mutual aid agreement stated in the mutual aid agreement." The objective meaning of the above provision is per case.

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