(영문) 서울고등법원 2020.07.24 2019나2035436

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(영문) 서울고등법원 2020.07.24 2019나2035436

대여금

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1. The defendants' appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

Reasons

1. In the first instance court, the plaintiff jointly and severally requested the defendants to pay the amount of KRW 255,00,000 and the agreed interest or delay damages, ② the amount of subrogated contract 174,492,500 and delay damages, ③ the expenses for the new construction of this case and the expenses for the delay of interior work, ③ the total amount of KRW 85,235,270 and delay damages, ④ the damages for the delay or defect of the new construction of this case and the interior work due to the reasons attributable to the defendants, ④ the damages for the delay or defect of the artificial construction of this case and the interior work, and the damages for delay.

The first instance court accepted the Plaintiff’s claim (1) against the Defendants and the Defendant Company B (hereinafter “Defendant Company”) (hereinafter “Defendant Company”) only, and dismissed the claim (2) against the Defendants and (3) against the Defendants.

As to this, the Defendants appealed only to the part against the Defendants in the judgment of the court of first instance, and the Plaintiff appealed to the part against the Plaintiff in the judgment of first instance as to the part against the Defendants: (2), (3), and (4), which is part of the amount claimed, KRW 363,191,00 [238,759,00 (or KRW 64,266,50 for the Defendant Company) + KRW 124,432,00 for delay or failure to complete the new construction work of this case and the interior work due to the reasons attributable to the Defendants].

Therefore, the scope of this court's judgment is limited to the Plaintiff's claim for loans of KRW 255,00,000 against the Defendants, the amount of subrogated contract or additional subrogated payment of KRW 238,759,00 (However, for the Defendant Company, KRW 64,266,50), and the claim amount of KRW 124,432,00 for delay compensation due to the construction of the instant construction and the delay or completion of interior construction due to reasons attributable to the Defendants.

2. The reasoning for the court’s reasoning of this case is as follows, or the plaintiff in paragraph 3 is emphasized by this court.

유사 판례

-청주지방법원 제천지원 2018.02.21 2017가단2454

-부산지방법원동부지원 2019.03.28 2018가합106783

-서울중앙지방법원 2015.11.13 2014가합568204

-서울고등법원 2018.11.30 2017나2043129

-제주지방법원 2016.05.31 2015가단15459