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(영문) 서울고등법원 2017.07.20 2017나928
손해배상(기)
Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. The costs of appeal are assessed against the Plaintiff.

Reasons

1. The reasons for the court's explanation of this case in this case is that "Defendant B" in the first instance judgment is "Defendant B", "this court" in the fourth 5 and 9 of the first instance judgment is "the first instance court", "3." in the second 6th 10 of the first instance judgment is changed "2." and "specific litigant" in the second 8th 8th 21 of the first instance judgment is changed to "specific damages", and the joint defendant of the first 4th 6 to 9 of the first 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 6th 5th 5th 6th 5th 6th 5th 5th 6th 6th 5th 7th 7th 7th 7th 7th 7th 7th 7th 5th 7th 7th 5th 7th 7th

, except deletion of section 420 of the Civil Procedure Act, it is identical to the entry of the reasoning of the judgment of the first instance.

(2) The Defendant is obligated to pay damages for delay calculated at a rate of 15% per annum under the Civil Act from March 1, 2013 to December 9, 2016, which is the date of adjudication of the first instance, to the effect that the Plaintiff’s obligation to perform its obligation exists or the scope of the Defendant’s obligation to perform its obligation is disputed, as it is a tort against the Plaintiff and the Defendant’s assertion, even if the Defendant additionally submitted evidence at the trial and considering the Plaintiff and the Defendant’s assertion.

The judgment of the court of first instance with the same conclusion is justifiable. Thus, all appeals by the plaintiff and incidental appeals by the defendant are dismissed as it is without merit. It is so decided as per Disposition.

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