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(영문) 서울고등법원 2019.01.17 2018나2038421
손해배상(기)
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following order to pay.

Reasons

1. The reasoning for this part of this Court is as follows, and the reasoning for this part is as stated in Paragraph 1 of the judgment of the first instance, and such reasoning is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act.

At the end of the 4th 10th hives, “Provided, That the content of security and the amount of insurance coverage shall be governed by the modified contract concluded around October 24, 2014” shall be added.

The five pages "1,101,715 won" shall be deemed "1,401,715 won".

5 Myeon 10-11 Ha and 122,13,890 won are 163,042,231 won.

The 5th page 13 to 14th page “Defendant B” shall be deleted.

5. On the 16th page “The 122,13,890 won calculated by Defendant C with the insurance money to be paid by Defendant C to the Plaintiff out of the amount of damages to the leased object of this case may be offset against the equivalent amount of damage claim against the Plaintiff equivalent to the insurance money paid by Defendant C to Defendant B.”

5. Already 17, "Evidence 1 through 6 of A" shall be understood as "Evidence 1 through 6 of A, Evidence 5 of A, and Evidence 2 of B".

2. Determination on the main claim

A. The gist of the parties’ assertion is that the reasoning of the judgment of the court of first instance is stated in this part, with the exception of the reasons indicated below.

Since it is the same as the statement in the port, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

6. 6. 11. The object "the object of this case" shall be "the object of this case".

During the 6th 13th 14th 13th 14th 14th 6th 14th 14th 17th 17th 18,222,170 won under the premise that the Plaintiff was not the 163,04,43 won calculated by JJ, but the 163,042,231 won calculated by JJ stock company (=the 163,042,231th - the amount of damages of the leased object of this case - the 47,802,261th 17,206,200th 14,224th 14,24.

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