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(영문) 부산고등법원 2014.10.14 2014나3238
손해배상
Text

1. Of the judgment of the court of first instance, with respect to the defendant A, C, D, F, L, M, N, P, Q, R, T, U, V,W, Y, Z, AAD, AE, AE, AF, and AI.

Reasons

1. After remanding the case, the Plaintiffs filed a claim for damages due to nonperformance or illegal acts, a claim for damages due to excessive payment of acquisition tax, a claim for damages due to defects in tobacco installation, and a claim for sale price due to cancellation of sales contract on the ground of fraud or mistake on the ground that the exclusive use area of the Defendant was insufficient. The first instance court, citing only part of the claim for damages due to defects in tobacco construction, and dismissed all of the claims of the Plaintiffs, against the Defendant, 10,000,000 won per annum from July 31, 2010 to October 6, 2011, and 20% per annum from the next day to the date of full payment.

Plaintiff

D, J, K, K,O, P, Q, R, U,Y, AF, AG, AH, and AL, respectively, have appealed against each part of the judgment in the first instance judgment, and the plaintiff T has appealed against each part of the judgment in the first instance judgment. The defendant appealed against the part of the judgment in the first instance judgment, and the defendant has appealed against the defendant in the part of the judgment in the first instance judgment.

The court prior to the remand dismissed all the appeals and incidental appeals of the above plaintiffs and accepted only part of the appeal by the defendant, and accepted only part of the appeal by the defendant (the judgment of the court of first instance reduces the scope of damages compared to the judgment). In other words, the court dismissed all the claims of the plaintiffs against the defendant for the payment of 8,00,000,000 won to plaintiffs E, H, I, J, K, AB, AB, H, AB, AJ, AJ, and AK from July 31, 2010 to November 14, 2013, each of which exceeds 15% of the annual payment of the plaintiffs against the defendant and the annual payment of 15% from 200,000 won to 8,000,000 won, respectively, and the annual payment of 4,000,000,0000 won to the defendant from July 31, 2010 to 2013.

Judgment before remand.

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