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(영문) 대구고등법원 2017.12.08 2016나630
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and by Defendant C Apartment Autonomous Management Committee are dismissed.

2...

Reasons

1. The first instance court’s trial scope of a party member’s claim against Defendant B is dismissed. ② The Plaintiff’s claim against Defendant Self-Governing Management Committee of the principal lawsuit is partially accepted (one hundred thousand,740,000 won and damages for delay calculated by the rate of five percent per annum from December 18, 2014 to January 28, 2016, and fifteen percent per annum from the following day to the date of full payment). The remainder of the Plaintiff’s claim against Defendant B of the principal lawsuit was dismissed. ③ With respect to the counterclaim against the Plaintiff, the remainder except the damages for delay was cited.

(The first instance court stated in the judgment that “the remaining counterclaim claim against the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the plaintiff of the

2. The reasoning of the judgment of the court of first instance concerning this case is as stated in the part concerning the principal suit in the judgment of the court of first instance, except for the following cases where the text of the judgment of the court of first instance is affirmed. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act.

3. Part in which the trial is advanced;

A. On the 3rd part of the judgment of the court of first instance, the phrase “the discharge of sewage from urine to urine” in the 17th part of the judgment is regarded as “the discharge of sewage from urine to urine.”

B. On the 5th page of the judgment of the court of first instance, the 5th page “competing KRW 9” in the judgment of the court of first instance is dismissed as “the Plaintiff’s”, and the 5th page “defecting KRW 12” in the judgment of the court of first instance is reversed as “the defect in the preservation of

C. The part of the judgment of the court of first instance, from Nos. 7 to No. 8, 6, of the first instance, is as follows.

The following facts are examined: (a) the foregoing basic facts, the absence of any dispute; (b) the evidence No. 7-1 to 27; (c) the evidence No. 1-1, 2, 3; and (d) the evidence No. 1-1, 2, and 4-49; (c) the testimony of witnesses G of the first instance and the trial; and (d) the witness of the first instance and the trial court.

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