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(영문) 대구고등법원 2016.05.26 2015나22206
손해배상(기)
Text

1. Of the principal lawsuit of the Plaintiff (Counterclaim Defendant), the appeal against the Defendant-Counterclaim Plaintiff A and the Defendants’ part is filed.

Reasons

1. The first instance court accepted only the Plaintiff’s main claim against the co-defendant B of the first instance trial, and dismissed both the Plaintiff’s main claim against the Defendants and the Plaintiff’s counterclaim against the Defendant A.

Since only the Plaintiff and Defendant A filed an appeal against each part of the judgment of the first instance, the subject of the judgment of the first instance is limited to the Defendants’ parts among the principal lawsuit of the judgment of the first instance and the counterclaim part.

2. The reasoning for the court's explanation of this case is as follows: Gap's evidence Nos. 39 through 42 lack to acknowledge the plaintiff's assertion of this case; Eul's testimony of the witness F, which is insufficient to recognize defendant A's counterclaim, shall be dismissed additionally; "741,08,92 won" of No. 17 of the judgment of the court of first instance shall be "740,830,352 won"; "1,576,08,922 won" and "74,08,92 won" of 19 of the judgment of the court of first instance shall be "1,575,830,830,352 won" and "1,57,975 of the judgment" of the court of first instance shall be "1,57,970 won" of the judgment of the court of first instance; "2,570 won of the judgment" and "630,750 won of the judgment" of the court of first instance shall be "1,57,530,750 won" and "won" of the judgment.

3. Accordingly, the plaintiff's main claim against the defendants and the defendant's counterclaim against the plaintiff A shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion. Thus, the plaintiff's appeal against the defendants and the counterclaim against the defendant A among the main lawsuit shall be dismissed.

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