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(영문) 서울중앙지방법원 2016.08.17 2016나21895
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. The reasoning of the court’s explanation as to the instant case is as stated in the reasoning of the judgment of the first instance, except where the court cites the instant case as stated in paragraph (2) or add a judgment as to the assertion in the trial of some Defendants, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. On the 5th written judgment of the court of first instance, the 5th parallel 9 to 16th parallels were followed as follows.

C. The limitation of liability: Provided, That at the time of the conclusion of the sales contract of this case, the plaintiff was residing in 103 Dong 601, an apartment within the same complex as the apartment of this case, and visited the apartment of this case and confirmed its structure, so the plaintiff could have known the fact that the apartment of this case was not in the direction of the apartment of this case. The plaintiff also concluded the sales contract of this case with the belief of the real estate agent only at the end of the real estate agent without self-verification as to the direction of the apartment of this case, and the market price of the apartment of this case increased somewhat than at the time of tort. Considering the fact that the market price of the apartment of this case cannot be considered as the object of the profit and loss deduction as seen below, it is reasonable to limit the defendants' liability to 50%.

B. On the 5th page of the judgment of the court of first instance, the judgment on the assertion in the trial of some Defendants is added, and the 17th to 20th shall be deleted.

Defendant B, C, and Seoul Guarantee Insurance Co., Ltd. claimed that since the market price of the apartment in this case has increased to KRW 968,200,000, the market price of the apartment in this case should be deducted from the Plaintiff’s damages amount.

In order to allow the deduction of profit and loss in calculating the amount of damages caused by the illegal act, the victim has obtained new benefits due to the illegal act, which is the cause of the liability for damages.

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