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(영문) 광주고등법원 2016.06.29 2015나12320
유체동산수거 등
Text

1.The judgment of the first instance shall be modified, including any claims modified in the trial as follows:

Reasons

1. Scope of the judgment of this court;

A. The Plaintiff at the first instance trial, the Defendant’s claim, as the principal lawsuit, demanded the collection of the instant game machine, etc. based on the right to lease as to the instant building, and ② the collection of rent of KRW 10,101,000, which was paid from December 14, 2012 to January 13, 2014 as compensation for damages arising from tort, and the compensation for delay thereof, and ③ the monthly rent of KRW 77,000 and the compensation for delay incurred from January 14, 2014 to the completion date of collection of the instant game machine, etc.

피고는 반소청구로, 채무불이행에 기한 손해배상으로 ㉠ 2010. 10. 20.경부터 2012. 12. 22.까지 발생한 일실수입 상당의 손해인 19,915,530원의 지급과 ㉡ 이 사건 게임기 등의 잔존가치 하락분에 해당하는 손해인 9,067,000원의 지급을 각 청구하고, 불법행위에 기한 손해배상으로 ㉢ 이 사건 게임기 등에 관한 수리비 상당의 손해인 1,050,000원의 지급과 ㉣ 위자료 5,000,000원의 지급을 각 청구하였다.

B. The judgment of the court of first instance held that the court of first instance accepted the entire claim for damages equivalent to the cost of repair based on a tort among the defendant's counterclaims, and accepted the claim as to KRW 1,553,420, which is part of the claim for damages equivalent to the lost income based on non-performance. On the other hand, the plaintiff's main claim and the defendant's remaining counterclaims were all dismissed.

C. An appeal by the parties, the Plaintiff’s amendment of the purport, etc. of the Plaintiff’s claim, etc. against the Plaintiff in the judgment of the court of first instance, and the Defendant appealed against the part against the Defendant in the judgment of the court of first instance (the part against the Defendant regarding the counterclaim) and appealed. The Plaintiff added the Defendant’s liquidation obligation following the termination of partnership relations between the Plaintiff and the Defendant as the cause of the claim for collection against the Defendant at the court of first instance.

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