logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.10.22 2015나8904
손해배상
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning the instant case is partly modified or added as follows, and the Plaintiff’s judgment on new assertion in the trial is identical to the corresponding part of the reasoning of the judgment of the first instance except for the addition of Article 420 of the Civil Procedure Act, and thus, citing it as it is in accordance with the main sentence of Article 420

The 3rd 16th 16th son of the judgment of the first instance shall be amended to “the plaintiff and the non-party company, etc.”

"4,5,7 through 11" shall be amended to "4 through 11" for the grounds for recognition of the three pages of the judgment of the first instance.

The 13th parallel of the judgment of the first instance is amended to the effect that “the Defendant Company paid KRW 660,000,000 to the Plaintiff on November 11, 201.”

Documents of the first instance judgment

2.(b)

2) Of the contents of the instant agreement, “60 million won” is amended to “60 million won (excluding value-added tax)” as “statement for liquidation.” The “certificate A No. 32” is added to the grounds for recognition of five pages of the judgment of the first instance. The 5 pages of the judgment of the court of first instance shall be amended to the following: “The facts proposed are as seen earlier, but, in light of the following facts recognized by comprehensively taking into account the respective entries and arguments in the evidence No. 7, 10, 16, 19, and 21 as seen earlier, it is reasonable to deem that the Plaintiff could have perceived or predicted the problems, such as the acquisition tax, etc. on the instant temporary building at the time of the preparation of the instant agreement, the removal of the instant temporary building following the expiration of the period of use of the site of the instant temporary building, and the administrative disposition on the instant temporary building, etc.

Therefore, the Plaintiff’s above assertion is not accepted ( even if the instant lawsuit against the Defendant Company is lawful, as seen in the part of the judgment on Defendant B), and the Plaintiff sent the following content-certified mail to the Defendant B on December 12, 201.

May 27 of this year.

arrow