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(영문) 수원지방법원 2014.10.30 2014나24089
손해배상(기)
Text

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

Reasons

1. After remanding the case, the part of the judgment of the court of first instance concerning the claim for damages and consolation money against the business losses is dismissed, and the remainder of the claim was accepted, while the plaintiff did not appeal against the part against the plaintiff against the claim for consolation money in the judgment of the court of first instance as to the claim for consolation money, which became final and conclusive since the plaintiff did not appeal against the part against the plaintiff against the claim for consolation money.

In addition, the judgment before remanding the part that dismissed the claim for damages against business losses among the judgment of the court of first instance, and partly revoked the part that lost the defendant among the damages claims against new set-off construction costs, loans and heavy costs, each of the above parts became final and conclusive by dismissing the plaintiff's appeal as to the claim for damages against the business losses of the judgment before remand and the defendant's appeal as to the part that lost against the defendant of the judgment before remand.

Therefore, the scope of adjudication on the party shall be limited to the remainder except the part against which the judgment prior to the remand is lost, among the damages claims against the Plaintiff's new fee installation cost, loan fee, and heavy loan cost.

2. The reasons why this Court shall explain concerning this case is 4.B. of the reasoning of the judgment of the court of first instance.

(2) Paragraph (2) and 4.B.

(4)The part of the claim shall be deleted, the six pages 21 shall be used as "(2)", and the 7 pages 14 to 8 pages 21 shall be used as "(2)", and the 7 pages 14 to 8 pages 9 shall be as stated in the reasoning of the judgment of the first instance, and this shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] "(3) the limitation of liability is examined, and the purport of the whole argument is to be made as a whole through the facts admitted and the evidence admitted.

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