logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2016.08.19 2015나14851 (1)
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. In the first instance court, the Plaintiff filed a claim for damages due to unfair provisional seizure against the Defendant. The first instance court recognized only some damage items, such as damage due to the delay in the receipt of the purchase and sale balance among the Plaintiff’s claim for damages, and dismissed the claim for damages due to the delay in the sale of apartment units.

In this regard, the plaintiff appealed only for the part of damages caused by the delay in the apartment sale business, and the defendant appealed only for the part of damages caused by the delay in the receipt of the sale balance, so this court's judgment is limited to the portion of damages caused by the delay in the receipt of the sale balance and the

2. The reasoning of the court's explanation concerning this case is as follows, except for the rejection or addition of the judgment of the first instance as follows, and therefore, it is identical to the part of the reasoning of the judgment of the first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of

The "loan" in Part 19 of the third decision of the court of first instance is raised as "the loan of this case".

The Court of First Instance 17, 5, 7, 10, and 10 of the Decision of the Court of First Instance 4, 17, 5, 2, 7, and 10 shall read "the Court of Second Instance" as "the Branch of the Daejeon District Court of Appeals".

Part 5 of the judgment of the first instance court shall add the following g, next to the 12th sentence:

G. The Plaintiff filed an objection against the provisional attachment and the cancellation of the registration of the provisional attachment of this case. 1) The Plaintiff filed an objection against the provisional attachment of this case with the Daejeon District Court Branch 2013Kadan3697, and on December 12, 2013, the Daejeon District Court rendered a ruling on the provisional attachment of this case on the condition that “the Plaintiff deposited KRW 100 million on behalf of the Defendant within 14 days from the date on which the original copy of the said ruling was served, and submitted a deposit to the Daejeon District Court Branch of the Daejeon District Court,” and that “the Plaintiff’s request for provisional attachment is dismissed.”

2 The plaintiff is Daejeon District Court on December 18, 2013.

arrow