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(영문) 서울고등법원 2020.06.05 2018나2049872
손해배상(기)
Text

1. Defendant with respect to the conjunctive claim of the first instance judgment exceeding the following amount ordered to be paid:

Reasons

1. The Plaintiff, as the primary claim in the first instance court, claimed damages for nonperformance of the duty to conclude the contract, damages for tort caused by illegal destruction of the contract as the primary claim, and damages for damages arising from the employer’s liability as the secondary claim.

The court of first instance dismissed the main claim, and sentenced to the judgment citing a part of the conjunctive claim, and the plaintiff filed an appeal only for the conjunctive claim and added the claim for the amount of the transfer to the court in the first instance, and only for the part against which the defendant lost.

Therefore, since the part of the judgment of the court of first instance as to the primary claim has become final and conclusive, only the preliminary claim and the additional claim for the takeover in the trial of the court of first instance are subject to the judgment of this court.

2. The reasoning of this court’s judgment on this part of the underlying facts is as follows: “The Plaintiff, through the Plaintiff’s subsidiary company G around June 2016 (where the Plaintiff was located in the Chinese Madong-si)” in the fourth 9 line of the judgment of the first instance, “The Plaintiff, on or around June 2016, via G (where the Plaintiff was established and operated in the Chinese Madong-dong-si),” and [the grounds for recognition] added evidence Nos. 80, 81, and 89 to “A” (where the Plaintiff was established and operated in the Chinese Madong-dong-si), it is identical to the entry of the basic facts in the reasoning of the judgment of the first instance pursuant to the main sentence of Article

3. Summary of the parties' arguments

A. Plaintiff 1 ordered the first design contract from the Defendant during consultation with the Defendant in order to receive the Defendant’s contract for manufacturing and installing the Defendant’s Chinese factory design and construction facilities. On April 11, 2016, at the meeting of the Defendant, the Plaintiff started the preparation work by opening the branch office of Chinese corporation G, which the Plaintiff had established and operated under the name of the Defendant, in the joint cost and dispatching human resources, and agreed closely and specifically with the Defendant for the purpose of concluding this contract.

2.2

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