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(영문) 서울고등법원 2018.02.21 2017나2040632
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the conjunctive main claim shall be revoked, and such revocation shall be revoked.

Reasons

1. The scope of the trial Plaintiffs claimed damages against the Defendant and E pursuant to Articles 750 and 760 of the Civil Act due to the primary principal claim, and the liability for damages against the Defendant pursuant to Article 758(1) of the Civil Act due to the preliminary principal claim.

On the other hand, the defendant filed a counterclaim against the plaintiff company for damages due to nonperformance.

The first instance court dismissed all the plaintiffs' main main claim and the defendant's main claim, and rendered a judgment of admitting part of the plaintiffs' main claim.

As to this, the plaintiffs appealed only for the part against the plaintiffs among the main claim, and since the defendant appealed only for the part against the defendant among the plaintiffs' main claim, only the part of the plaintiffs' main claim shall be subject to the judgment of this court.

2. Basic facts

A. 1) The Defendant is a vinyl house with the size of 1,210 square meters and 100 square meters (330 square meters) installed on each of the above land located on the F prior to the F in Gwangju-si, the Defendant is a vinyl house (hereinafter referred to as “each of the instant vinyl greenhouse”).

2) From September 16, 2014, E leased one of the instant vinyls (hereinafter “instant vinyls”) from the Defendant from the Defendant from September 16, 2014, and used it for the storage purpose in which the chairs for the worship of the church are repaired and kept.

3) From October 1, 2014 to the Defendant, the Plaintiff Company is a vinyl house of the instant Plaintiff Company (hereinafter “the instant Plaintiff Company”) among each of the instant vinyl greenhouses from around October 1, 2014 to the Defendant.

B) The Plaintiff B leased and used it as a logistics warehouse. 4) The Plaintiff B’s location map below G in the light of the land adjacent to each of the instant vinyl houses.

3. M) The drum book was operated in the drum book. 5) The Plaintiff C had a location map below H in light of light.

6. N gas stations operated an oil station under the trade name of the I gas station.

P Qu DDR L A M M TVO.

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