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(영문) 광주고등법원 2017.06.21 2016나14170
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

Defendant B, as the Plaintiff, KRW 2,000,000 and the Plaintiff’s 2,005.

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial, the Plaintiff sought payment of KRW 20,072,070 (a medical fee of KRW 720,700,000) and damages for delay from the injury and assault to Defendant B, and sought payment of KRW 61,131,00 as compensation for damages incurred from the construction of a building jointly with the Defendants (i.e., cost of housing repair cost of KRW 36,081,000,000, KRW 5050,000,000) and damages for delay.

B. The first instance court rendered a judgment ordering Defendant B to pay 1,072,070 won (i.e., medical expenses of KRW 72,070,070) and damages for delay, and (ii) the Defendants jointly pay 38,864,800 won (i.e., housing repair cost of KRW 28,864,80,00) and damages for delay due to building construction (i.e., KRW 28,864,80,000) and damages for delay.

As to the judgment of the first instance, the plaintiff and the defendant C appealed on the whole part against them, while the defendant B appealed only to the part against the claim for damages due to building construction works.

C. In the trial, the Plaintiff withdrawn the part on the claim for damages due to Defendant B’s building construction against Defendant B, and arranged the claim for damages due to the injury and assault against Defendant B, only the damages due to Defendant B, and the damages due to the building construction against Defendant C.

Accordingly, among the judgment of the court of first instance, the part on the claim for damages caused by the construction of building to Defendant B became null and void, and thus, the appeal filed by Defendant B became null and void. Accordingly, Defendant B lost the status of appellant and only maintained the status of appellant.

In addition, the Plaintiff reduced the Plaintiff’s claim against the Defendant C in the trial of the party (i.e., KRW 20,741,980,000, KRW 5050,000,000, KRW 205,791,980,000) and its delay damages.

Accordingly, the purport of the Plaintiff’s appeal against Defendant C is also 6,927,180 won = 45,791.

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