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(영문) 서울고등법원 2018.12.19 2018나2005360
손해배상(기)
Text

1. The judgment of the first instance, including the primary claim added by this court, shall be modified as follows:

Plaintiff .

Reasons

Basic Facts

This part of the judgment of the court is identical to the part of the basic facts of Paragraph 1, except for the case where Article 2 [contract Term] of the main contents of the entrustment contract in the third part of the judgment of the court of first instance is used by "by December 31, 2015" as "by December 31, 2015," and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiffs' assertion

A. On April 30, 2014, the instant consignment contract was terminated by objective circumstances, etc. that cannot be deemed to have been maintained by an agreement or a contract with the Defendant, and at least on December 31, 2015, the instant consignment contract terminated upon the expiration of the period, the Defendant is obliged to return the deposit amount of KRW 500,000,000 to E.

B. The Defendant did not disclose the basis for calculating the sales amount of the loan of this case to E, did not provide the management authority of the head of the Tong, did not perform the duty to provide the loan membership roll, did not exclusively manage the passenger room reservation, and did not transfer the management, supervision, and personnel authority to E, thereby making it practically impossible for E to manage the loan of this case.

Therefore, the Defendant is obligated to pay KRW 500,00,000,000, the consignment fee for February 1, 2014, KRW 159,039,066, and KRW 242,265,40,00, which was paid by the Defendant for the repair and maintenance of the loan of this case, and KRW 901,30,30,04,466, which was paid by the Defendant for the repair and maintenance of the loan of this case, as damages for nonperformance.

C. Plaintiff A’s loan and indemnity claim amounting to KRW 460,000, Plaintiff B’s loan claim amounting to KRW 41,000,000, Plaintiff C’s loan claim amounting to KRW 7,760,000, and Plaintiff C’s obligee’s loan claim amounting to KRW 7,760,000. In subrogation of insolvent E, Plaintiff A seeks payment of each of the money stated in the claim’s claim by exercising the above claim for refund of deposit and its conjunctive claim.

3. The judgment on the main defense of this Safety.

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