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(영문) 서울고등법원 2016.10.20 2015나2032941
손해배상 등
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Based on the litigation materials and arguments submitted to the appellate court citing the judgment of the court of first instance, the court of first instance has sufficient grounds for citing the reasoning of the judgment (such as law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, and determination of issues).

The reasons to be stated by this court are the same as the reasons of the judgment of the first instance except for the following additional or further portions, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. On the 5th page 4 and 5 of the judgment of the court of first instance, the part added or added in the appellate trial to the 5th page 5 of the judgment of the court of first instance, and the 5th page 4 and 5 "A. (b), (c), (d), and (e)" were added to the 5th page 5 and the 6th page 5, respectively.

The following details shall be added between the 7th judgment of the first instance and the 3rd judgment:

B. As explained in the part on the claim for damages, the Plaintiff terminated the operation of the instant restaurant around August 4, 2014 due to the Defendant’s nonperformance of obligation or the Defendant’s official misconduct. 2) The Defendant sold urban village to the number of visitors to the C&U reserve forces training from August 4, 2014 when the Plaintiff completed the operation of the instant restaurant.

The defendant sold a total of 39,201 citys for one year in 2015, and thereby, the fees that the military welfare group belonging to the defendant sold are 10,584,270 won equivalent to 4.5% of the sales proceeds.

3) Ultimately, from August 4, 2014 to February 14, 2017, the Defendant: (a) KRW 26,460,675 (i.e., annual fee of KRW 10,584,270); and (b) 26,460,675 (i.e., annual fee of KRW 10,584,270) x 2.5 years.

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