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(영문) 서울고등법원 2019.10.31 2019나2007257
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in the judgment of the court of first instance shall be modified as described below 2:

2.(a)

The defendant is against the plaintiff.

Reasons

1. Scope of adjudication of this court;

A. In the first instance trial, the Plaintiff sought that “the co-defendant C, D (hereinafter “C”) of the first instance trial jointly with the Defendant perform the same obligation as the description in the column of the above claim.”

The court of first instance shall attach the attached Form among the claims filed by the plaintiff against C and D.

1. The real estate listed in paragraph (1) of the list of real estate (hereinafter “instant land”) cited three parts of the claim for collection of 3 containers on the ground and part of the claim for damages, respectively, and each remaining claim was dismissed.

Accordingly, with respect to the part against the plaintiff among the part against C and D of the judgment of the first instance, C and D against their losing part of the judgment of the court of first instance (the dismissal of the plaintiff's claim), each appeal was filed against C and D against their losing part of the judgment.

With respect to the appeal filed by C and D, the order to dismiss the petition of appeal was issued on January 17, 2019 on the grounds of acknowledgement and failure to pay service charges, and the order was finalized as is. The plaintiff withdrawn each appeal filed against C and D on April 4, 2019, while the appeal is pending.

Therefore, since the part of the judgment of the court of first instance as to C and D became final and conclusive, it is limited to the part against the defendant among the judgment of the court of first instance.

B. The court of first instance from March 22, 2018 to the attached Form in the Plaintiff’s claim against the Defendant

1. The part demanding the payment of money calculated at the rate of 11 million won per month by the completion date of delivery of each real estate listed in the list (hereinafter “each of the instant real estate”) and each of the instant real estate listed in paragraph (2) of the same list (hereinafter “instant office building”) and on the ground of the instant land (hereinafter “instant warehouse”). The part demanding the payment of money calculated at the rate of 11 million won per month when the said warehouse and each of the instant real estate are collectively named.

Accordingly, the plaintiff appealed against the above part of the judgment of the court of first instance, but the purport of appeal as of September 24, 2019 while the appeal is pending.

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