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(영문) 서울고등법원 2015.11.19 2015나5905
손해배상(기)
Text

1. The real estate listed in the separate sheet No. 1 among the respective main claims of the plaintiffs (including the counterclaim defendant) shall be by the plaintiff (Counterclaim defendant) A.

Reasons

In the first instance trial of a party member, the plaintiffs filed a damages claim against all the defendant and the designated parties based on the non-performance of obligation due to the violation of the partnership agreement (19,058,862 won and delay damages for the plaintiff A, 13,624,840 won and delay damages for the plaintiff B). The defendant and the designated parties filed a damages claim against the plaintiff A due to the plaintiff's negligence in managing and supervising Q (5,020,000 won and delay damages for the defendant and the designated parties, respectively), but all the main claim and counterclaim claims were dismissed.

On the other hand, only the plaintiffs (A) appealed only to the main claim, but the court changed the claim for return, such as the settlement amount based on the termination of partnership relations, to the main claim in exchange for the main claim.

Therefore, the scope of a party member's judgment shall be limited to the main claim of Plaintiff A and the main claim of Plaintiff B, which shall be limited to the main and preliminary claims for return, such as settlement based on the end of the cooperative relationship changed in exchange as above.

Basic Facts

In the Dongjak-gu Seoul Metropolitan Government E-Ground owned by the Plaintiffs, the Defendant, and the Appointors, the F lending B, and F lending B on the G ground. However, 12 persons of the Plaintiffs, the Defendant, and the Appointors were owned as follows:

A 101 C (Defendant) B 101 H (Appointed) B 102 L (Appointed) B 102 B (Appointed) A 201 M (Appointed) B 201 B (Appointed) A 202 J (Appointed) B 202 J (Appointed) B 202 J (Appointed) B 301 J (Appointed) B 302 J (Appointed) B 301 K (Appointed) B 302P (Appointed) B 302 A (Appointed) F loan owners around 2008, the 12 owners of F loan reconstruction Resolution 302 A (Plaintiff) decided to reconstruct F loan A and B B around 208. On November 1, 2009, the Minister delegated Plaintiff Q, the head of the Plaintiff.

Q, which was entrusted with the authority to re-construction of the FF loan, on February 8, 2010, is about the re-building work of FF loan between the Seongdong Comprehensive Construction Co., Ltd. (hereinafter referred to as the "FC Construction") and the GFC Construction.

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