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(영문) 수원지방법원 2018.08.30 2018나50659
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered under the following sub-paragraph (2) shall be revoked.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the newly submitted evidence is presented to this court, the fact-finding and judgment of the court of first instance excluding the judgment on the limitation of liability

Therefore, the reasoning for the court’s explanation on the instant case is as stated in the reasoning of the first instance judgment, except for the modification or addition of the judgment of the first instance as set forth in the following paragraph (2). Therefore, it is acceptable to accept it as it is in accordance with the main sentence of

2. On the part of the decision of the court of first instance, the part of which is used or added shall be referred to as "the head of the Gangseo-gu Branch" No. 14 as "the head of the Gangseo-gu Branch".

In the fourth judgment of the first instance, the 4th judgment “Plaintiff” is regarded as “Plaintiffs.”

In the judgment of the court of first instance, the "70%" of the 7th judgment of the court of first instance is raised to "50%".

Nos. 12-18 of the judgment of the first instance is as follows.

“ Therefore, the Defendant is obligated to pay the Plaintiff A 12,523,050 won (=25,046,100 won x 0.5 x 0.5), the Plaintiff B 4,873,050 won (=0.5 x 0.5 x 0.5 x 4,000 won x 0.5), the Plaintiff C 2,00,000 won (i.e., 4,00,000 x 0.5 x 0.5 x 0.5) from October 16, 2015 following the day when the original copy of the instant payment order was served on the Plaintiff, which is deemed reasonable to dispute the existence or scope of the Defendant’s obligation to perform, to August 30, 2018.”

3. In conclusion, the plaintiffs' claims of this case shall be accepted within the scope of each above recognition, and the remaining claims shall be dismissed as they are without merit.

Since the judgment of the court of first instance is unfair with some different conclusions, part of the defendant's appeal is accepted, and the part against the defendant ordering payment in excess of the above recognition amount among the judgment of the court of first instance is revoked, and this part is revoked.

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