(영문) 서울고등법원 2019.12.05 2019나2010482

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2019.12.05 2019나2010482

손해배상

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 amount ordering payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as stated in the part of “1. Basic Facts” from the last 2nd to 10 pages of the judgment of the court of first instance, except for the cases of writing or adding some parts as follows, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary or added parts] Part 3, 1, and 2 of the judgment of the court of first instance shall be subject to the appointment of "J Co., Ltd." to "J".

Part 9 of the first instance judgment "No. 2017Gahap52780" was added to "Seoul Central District Court 2017Gahap527280".

Part 9 of the judgment of the court of first instance, the following is added to "the proposal was made" in Part 7.

“The court of the first instance rendered a judgment in favor of the Plaintiff on June 21, 2019 on the part of Q installed by the Plaintiff on the part of Q Q and Q are liable to compensate the Plaintiff for damages in lieu of defect repair, and on the Plaintiff’s contribution to the occurrence and expansion of defect. As such, Q’s liability was limited to 60%, thereby rendering a judgment in favor of the Plaintiff on the part of Q to order payment of KRW 1,004,253,421 and its delay damages. The Plaintiff and Q appealed appealed against the said judgment and continued to be in the appellate trial as Seoul High Court 2019Na2031595.”

2. The reasons why the court should explain this part of the parties' arguments are as stated in the part of the "2. Party's assertion" from Nos. 4 to No. 12, 5 of the 10th judgment of the court of first instance. Thus, this part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

3. The reasons why the court should explain this part of the judgment as to the occurrence of the instant stone debris accident are related to the occurrence of the instant stone debrising accident, except for the addition of some of the following, from No. 12 to No. 7, No. 20 of the judgment of the court of first instance.

참조조문

-민사소송법 제420조

유사 판례

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-부산고등법원 2019.05.22 2018누22937

-대전고등법원 2016.09.01 2016누11269