(영문) 서울고등법원 2018.07.13 2017나2075584

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.07.13 2017나2075584

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The underlying facts and the grounds for the court’s explanation on this part of the parties’ assertion are as stated in the corresponding part of the judgment of the first instance except for the following specifications. As such, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On July 31, 2014, the second part of the second part to 8-9 of the judgment of the court of first instance, "in entering into a contract with the intention to make a contract with the expected date of completion fixed on July 31, 2014," "D." in the third part of the third part of the judgment of the court of first instance, "D." in the third part of the third part of the judgment of the court of first instance, "h." in the fourth part of the third part of the judgment of the court of first instance, "h.", "h.", "h." in the sixth part of the first part to 17 of the judgment of the court of first instance, "h.".

2. Determination

A. 1) The reasons for this Court’s explanation concerning the claim for damages arising from joint tort liability based on assistance are as stated in the corresponding part of the judgment of the court of first instance, except for the following modifications or additions. Thus, this part’s explanation is consistent with the reasoning for the corresponding part of the judgment of the court of first instance. As such, the part which was used in the first instance by adding “298.” in Chapter 7 of the judgment of the court of first instance as “198.” to “5 (5) of the judgment of the court of first instance as “198.” No. 7 of the judgment of the court of first instance, “298.” in Part 8 of the judgment of the court of first instance, “4, A, and the Defendant,” under the instant credit agreement between the Plaintiff and the Defendant, “4, and the Plaintiff have the Plaintiff directly received the payment from the Defendant.” However, the Plaintiff’s arbitrary use of the deposit amount equivalent to KRW 1,000,000,000,000 from the first progress payment.

참조조문

-민사소송법 제420조

유사 판례

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