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(영문) 서울고등법원 2018.04.20 2017나2067972
손해배상(건)
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff, the land trust corporation of the defendant 1 is 861,118.

Reasons

In light of the above, it is reasonable to limit the amount of damages to be paid by the Defendant Company to 70% of the amount recognized above in accordance with the principle of fairness or the principle of good faith.

Therefore, the amount of damages that the Defendant Company shall compensate to the Plaintiff is KRW 861,118,678 (=1,230,169,540 x 70%).

The amount of damages by the household of this case according to the demand for the performance of the transferred claim, among the households liable for damages by the Defendant Company at the time of demanding the performance of the transferred claim, are as follows.

[Attachment 7] (Unit 7] (Unit 7) The ratio of the 25th assignment of claims to the 764,681, 212, 35, 53, 144, 214, 356, 784, 150,068, 57326, 9424, 515, 296, 222,8613, 914, 350, 4363, 3636, 49, 2857, 286, 363, 475, 286, 486, 257, 286, 386, 47, 3636, 236, 454, 257, 378, 2586, 375, 3685, 278, 2586, 375, 2786, 3746, 368

* The remuneration cost of the first and fifth assignment of assignment of claims was calculated by subtracting the remuneration cost of the second and fifth assignment of claims from the 377,591,32 won of the total repair cost of the part for exclusive use indicated in the sum of the upper half of [Attachment 4] of the [Attachment 4].

E. According to the conclusion of the lawsuit, the Defendant Company is the first instance judgment from September 12, 2014 to September 12, 2014, with respect to KRW 861,118,678 as well as KRW 729,942,415 as cited by the first instance court, and the Defendant Company is obligated to perform its duties.

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