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(영문) 대구지방법원 2017.11.29 2017나309188
손해배상(기)
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning the instant case is the same as that of the first instance judgment, except for the following cases, and thus, the same is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On March 19, 2015, the first instance judgment No. 6, No. 10 states that “The value is 801,861,240 won (as of March 19, 2015)” (as of March 19, 2015), “The value is 801,861,240 won (as of March 19, 2015). According to the foregoing evidence, the appraisal of the instant multi-family house and its site at the instant auction procedure can be recognized as constituting 801,861,240 as of March 19, 2015, and the market value at the time of concluding the instant lease agreement can be confirmed as the same amount as the above amount).

B. No. 6 of the first instance judgment, No. 14 of the first instance judgment, “As small lessee for the remaining six households even after the conclusion of the instant lease agreement, he/she may receive prior dividends from the Plaintiff within the scope of at least KRW 120,000,000 (20,000 x 6 households), each of which as small lessee for the remaining six households, respectively, in preference to the Plaintiff,” shall be subject to the first instance judgment (see, e.g., Supreme Court Decision 20,000,000).”

C. On the 8th sentence of the first instance judgment, the second sentence stated in the second sentence as follows: “Before the establishment of a right to collateral security of KRW 780,000,000 in total amount of the maximum amount of the claim,” and “Before being aware of the existence of a right to collateral security of KRW 780,000 in total amount of the claim and KRW 100,000 in total amount of KRW 100,000,000.”

Part 9 of the first instance judgment, "in accordance with the terms and conditions" in Part 16 shall be applied to "in accordance with the mutual aid terms and conditions and mutual aid regulations."

3. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff and the defendant's appeal is justified.

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