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(영문) 수원지방법원 2019.06.12 2018나73195
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. In the first instance court, the Plaintiff primarily claimed damages of KRW 135 million against Defendant and Defendant C Co., Ltd., and ② The Plaintiff, as a preliminary, filed a claim against the Defendant for return of unjust enrichment of KRW 85 million on the ground that the Plaintiff is a 1/2 equity right holder of the ESF (hereinafter “instant apartment”) in Gwangju City, and KRW 50 million on the ground that the Defendant’s share purchase contract was revoked, and KRW 50 million on the ground that the Defendant’s share purchase contract was revoked, the first instance court dismissed the Plaintiff’s primary claim and rendered a judgment citing part of the conjunctive claim ( KRW 50 million on the ground that the Defendant’s share purchase contract was revoked).

As to this, the Plaintiff did not appeal, and only the Defendant appealed on the part against the Defendant, the subject of this Court’s adjudication is limited to the cited conjunctive claim.

2. The reasoning of the judgment of the court of first instance cited in this case is the same as that of the judgment of the court of first instance, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 42

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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