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(영문) 서울고등법원 (인천) 2021.03.26 2020나13623
손해배상(기)
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and the appeal.

Reasons

The reasoning of the judgment of the court of first instance, which accepted the judgment, is as follows: (a) the reasoning of the judgment is as stated in the part of the judgment of the court of first instance, except for dismissal or addition of some contents as set forth in paragraph (2) below; and (b) thus, the reasoning of the judgment is cited in accordance with

Parts to be removed or added

A. 6 pages 1 to 2 (excluding the part on the table) of the first instance judgment are as follows.

【3) Although Defendant C filed an appeal with the Incheon District Court 2020No415, the above court dismissed the above Defendant’s appeal on August 14, 2020. The above Defendant filed an appeal with the Supreme Court 2020Do11957, but the Supreme Court dismissed the above Defendant’s appeal on January 14, 2021.

[....]

B. The evidence Nos. 1, 2, and 15 of the first instance judgment 6 pages 3 of the 6th instance judgment (except for the attached part) is “Evidence Nos. 1, 2, 15, 17, and 18 of the A.”

(c)

To add paragraphs (d) and (e) to the following, 17 pages 10 of the judgment of the first instance:

"D."

1) The gist of the plaintiffs' assertion 1) The defendant C agreed to construct the instant building to the plaintiffs and pay the principal of investment and profits by receiving the construction cost from the executor upon completion of construction. It is subject to the condition that the construction cost is paid in full from the completion and executor of the instant building.

However, as if the building of this case was completed and the construction cost was paid from the executor, Defendant C had been convicted of committing fraud and attempted to commit fraud. Since this is an infringement on the conditional juristic act, Defendant C has a duty to compensate the plaintiffs for the damages caused by the tort.

2) The terms and conditions of judgment are themselves a declaration of intent, which is one of the subsidiary officers of a juristic act which depends on the sex of an uncertain fact in the future, and thus forms a whole of the effective intent in the juristic act.

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