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Reasons
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(영문) 대구지방법원 2017.08.31 2017나1965
손해배상(기)
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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a counterclaim against the Plaintiff seeking payment of KRW 4,574,745 in total, after deducting KRW 25,490,000 from KRW 30,064,745 in total, the amount of damages incurred by the Defendant’s failure to pay the purchase price, and the amount of damages incurred by the Defendant’s nonperformance of obligation, and delayed payment thereof.

However, the court of first instance dismissed the claim on the ground that the Defendant’s deduction of the above KRW 25,490,000 from the amount of KRW 21,045,321 (i.e., KRW 30,064,745 x KRW 70%, and KRW less than KRW 25,490) to limit the Plaintiff’s damages to 70% on the claim on the merits of the lawsuit on the ground that the Defendant’s claim on the counterclaim is not recognized as damages to be paid to the Plaintiff

Since only the defendant appealed against the part against the defendant, the object of this court's adjudication is limited to the part of the defendant's counterclaim.

2. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of the four parts as follows. As such, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

under 2 below the 8rd “C apartment” as “F apartment”;

(b) in Part III, “The difference of KRW 27,900,000,00,000, which is the difference (=42,000,000 - 14,100,000) and 28,790,000,00, which is the aggregate of KRW 890,00,00;

(c) under paragraph 5 below the third, “Defendant” shall be deemed to read “the Plaintiff to the Defendant”;

(d) modify, respectively, the second sentence “comfort” to “one” under the sixth sentence.

3. In conclusion, the defendant's counterclaim is dismissed due to the lack of reason, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is justified.

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