(영문) 서울고등법원 2019.11.13 2019나2009871

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2019.11.13 2019나2009871

손해배상(기)

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1. The defendant's appeal is dismissed.

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

The defendant of the claim shall claim against the plaintiff on 228,084.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is that the reasoning of the judgment is as stated in the judgment of the court of first instance, except for the following modifications, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Revision] In addition, “to secure” in Part 7 of Part 3 of the first instance judgment and “the instant case” are added.

On March 4, 2019, the Defendant was merged with the Defendant, who was the taking-over of the lawsuit on March 4, 2019; hereinafter “Defendant”) in Part 3 of the judgment of the court of first instance.

Part 18 and 19 of the judgment of the court of first instance are as follows.

[Ground for Recognition] Unsatisfy, Gap evidence 1 through 7, 11 through 16 (which include each number, hereinafter the same shall apply)

(2) Each entry in Eul evidence No. 2, witness E of the first instance trial, and witness E of the first instance trial are "peach entry in Eul evidence No. 13 and 14 shall not interfere with the above recognition."

The witness in the 5th sentence of the first instance court shall be the witness in the 14th sentence.

In addition, “as requested by the Plaintiff” between “A” and “the instant case” in Part 6 of the judgment of the first instance shall be added.

The defendant's argument in Part 7 of the judgment of the court of first instance is "B. Judgment on the defendant's assertion".

The following shall be added to the sixthth sentence of the first instance court:

1) On January 18, 2017, the Plaintiff asserted that the Plaintiff, as a holder of a bill of lading, deposited the imported goods of this case with the Defendant (Article 61 of the Commercial Act) KRW 27,748,660 (Article 61 of the Commercial Act) is the Defendant, and the Plaintiff, as a holder of a bill of lading, has concluded a deposit contract with the Defendant for the imported goods of this case (Article 61 of the Commercial Act).

참조조문

-민사소송법 제420조

-상법 제61조

유사 판례

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-광주지방법원 2014.11.14 2013나7864

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