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(영문) 서울고등법원 2018.07.19 2017나2052796
손해배상(기)
Text

1. Of the part regarding the principal lawsuit in the judgment of the first instance, KRW 216,620,315 against the Plaintiff (Counterclaim Defendant).

Reasons

1. The scope of the judgment of this court, upon filing a claim against the plaintiff, filed a claim against the defendant via the main claim against the plaintiff, for the payment of KRW 322,687,347 for the damage incurred due to the non-performance of the obligation to pay the settlement amount under the underwriting agreement between the plaintiff and the defendant, and for the payment of KRW 902,615,536 for the total amount of damages incurred due to the non-performance of the obligation to pay the amount payable to the plaintiff's transaction partner, which the defendant agreed to take over according to the above underwriting agreement, as well as for the delayed payment of KRW 579,928,189 for the damage incurred due to the non-performance of the obligation to pay the amount payable to the plaintiff's transaction partner. The defendant filed a claim against the plaintiff for a counterclaim for restitution or restitution of unjust enrichment by asserting that the above underwriting agreement was cancelled or cancelled due to the non-performance of the plaintiff's obligation to pay the amount of KRW 705,000,00 for the remainder.

The court of first instance partially accepted the Plaintiff’s claim for damages due to nonperformance of obligation to pay the settlement amount, dismissed the Defendant’s claim for damages due to nonperformance of obligation to pay the settlement amount, and dismissed the Defendant’s counterclaim. The judgment of the court of first instance dismissed the Defendant’s claim for damages due to nonperformance of obligation to pay the settlement amount, and only the Defendant appealed against the part against which the Defendant lost and the counterclaim was not appealed. The Plaintiff

Therefore, the scope of the judgment of this court is limited to the part of the claim for damages due to the failure to pay the settlement amount among the plaintiff's principal claim and the part concerning the defendant's counterclaim claim.

2. The reasons for the court's explanation concerning this case are as follows: "the date of the closing of argument in this case" in Part 2 of Part 6 of the judgment of the court of first instance; "K, F, and H" in Part 5 of the judgment of the court of first instance; "K, F, and H" in Part 6 "K, F, and H of the witness in the court of first instance, "32,687,437 won" in Part 12, 7 of the judgment of the court of second instance, and "32,687,347 won" in Part 6 of the judgment of the court of second instance.

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