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(영문) 대구고등법원 2019.06.27 2018나23118
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

1..

Reasons

1. Determination of objects to be tried in this case;

A. Upon the Plaintiff’s argument, the Plaintiff sought payment of KRW 2,00,00, out of KRW 4,123,533,90, which is part of the construction cost of interior works, such as interior works, which was incurred on the premise of the wedding business in the attached facilities among the instant business facilities, and filed a claim with the Defendant for reimbursement of the said money jointly and severally with the Daegu-si (the Plaintiff appealed even in the case of the original Daegu-si, but withdraws from it on November 16, 2018) and the Defendant seeking payment of the said money.

In the first instance court, the Plaintiff asserted as the cause of the claim, ① return of unjust enrichment from cancellation of the lease agreement on the above attached facilities on the ground of mistake (see, e.g., written application for change of the cause of claim on June 15, 2017), ② the Defendant’s liability for fault in the conclusion of the contract due to the Defendant’s breach of duty of disclosure and duty of explanation (see, e.g., written application for change of the cause of claim), ③ the Defendant’s intentional or negligent breach of duty of disclosure and duty of explanation (see, e.g., written application for change of the cause of claim) due to the Defendant’s intentional or negligent breach of duty of explanation (see, e.g.

On the other hand, the court ordered the cause of the claim, and the plaintiff primarily asserted the return of unjust enrichment on the ground that the above lease contract is null and void due to its original impossibility, and the conjunctive liability for negligence on the conclusion of the contract (see, e.g., written statements in the briefs dated November 20, 2018). In other words, the plaintiff asserted damages for the cause of impossibility of the performance of the above lease contract and the liability for negligence on the conclusion

(See the entry in the briefs dated April 2, 2019). (b)

The contents and scope of the claim in a civil lawsuit that becomes final and conclusive must be specified in detail so that it can be clarified.

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