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(영문) 서울고등법원 2019.08.22 2018나10526
손해배상(기)
Text

1. Except for the portions finalized by the second judgment of remand, the judgment of the first instance is modified as follows.

Reasons

1. Scope of the judgment of this court;

A. The Plaintiff filed a lawsuit against the Defendants seeking the payment of KRW 32,281,954,752 and damages for delay.

B. The first instance court rendered a judgment of winning part of the Plaintiff: “The Defendant shall jointly and severally pay to the Plaintiff KRW 827,300,000 and KRW 200 million per annum from August 14, 2001; KRW 627,30,000 from September 18, 2002; KRW 6% per annum from December 18, 2007; and KRW 20% per annum from the next day to the date of full payment.”

C. The Plaintiff and the Defendants appealed against each of the judgment of the first instance, and this court accepted the Defendants’ appeal on the ground that “the Defendant shall not be liable for damages due to the violation of the statement and guarantee against the Plaintiff, a malicious assignee,” and dismissed all the Plaintiff’s claim, and sentenced the judgment prior to the first instance that dismissed the Plaintiff’s appeal.”

The Plaintiff appealed against the judgment prior to the first remand, and the Supreme Court reversed the judgment prior to the first remand, and sentenced the first remanding judgment to the effect that “The Defendants shall compensate the Plaintiff for damages in proximate causal relation with the violation, regardless of whether the Plaintiff knew of the violation of the statement and guarantee at the time of entering into the contract.”

E. Accordingly, the court held that the damages in proximate causal relation with the Defendants’ statement and the violation of guarantee amount are KRW 1 billion, and the Defendants jointly and severally rendered a judgment prior to the second remanding the Plaintiff’s partial winning of the judgment on KRW 1 billion and KRW 1.46,843,140 among them, with respect to KRW 53,156,860 from October 18, 2002; KRW 53,156,860 from October 31, 2007; and KRW 6% per annum from January 20 to January 20, 2017; and KRW 20% per annum from the next day to the date of full repayment.

F. The Plaintiff appealed part of the judgment prior to the second return, and the purport of the appeal is “the second return.”

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