Cases
2018Na43682 Compensation for damages
Appellant Saryary appellant
1. A;
2. B
3. C.
[Judgment of the court below]
Defendant-Appellant and Appellants
D Corporation
Attorney Ansan-gun, Counsel for the defendant-appellant
The first instance judgment
Busan District Court Decision 2016Da303204 Decided February 8, 2018
Conclusion of Pleadings
July 20, 2018
Imposition of Judgment
August 31, 2018
Text
1. All appeals filed by the plaintiffs and the defendant are dismissed. 2. Costs of appeal are assessed against each party.
Purport of claim and appeal
1. Purport of claim
The defendant shall pay to the plaintiff A 194,482,430 won, the amount of 10,000,000 won, each of the above amounts, and 10,000 won, with 5% per annum from August 15, 2015 to March 22, 2017, and 15% per annum from the next day to the date of complete payment.
2. Purport of appeal
A. The plaintiffs: The part against the plaintiffs in the judgment of the first instance shall be revoked. The defendant shall pay to the plaintiffs A 61,05,690 won, each of the 8,000,000 won, and each of the above amounts shall be 5% per annum from August 15, 2015 to March 22, 2017, and 15% per annum from the next day to the date of full payment.
B. Defendant: The part against the Defendant in excess of the money ordered to be paid under the judgment of the first instance is revoked and the Plaintiffs’ claim corresponding to the revoked part is dismissed. The Defendant shall pay KRW 75,083,577 to the Plaintiff A.
Reasons
1. Quotation of the first instance judgment
The reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main text of Article 420 of the Civil Procedure
2. Conclusion
Since the judgment of the first instance is justifiable, all appeals filed by the plaintiffs and the defendant are dismissed.
Judges
The presiding judge, judge, associate judge
Judges Kim Gin-hee
Judge Muma decoration