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(영문) 서울고등법원 2019.07.19 2018나2054324
손해배상
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The part used by citing the judgment of the court of first instance

A. Of the judgment of the court of first instance, the part “Plaintiff” with four following two pages “The Plaintiff (the first name was changed to “N Corporation” on March 4, 201).”

B. Of the judgment of the court of first instance, the portion “58,462,790 won” in the 12nd sentence “58,462,790 won [this is calculated by applying the total quantity to the 308,462,790 cubic meters [it refers to 19 in the fact-finding conducted by the court of first instance as a result of the fact-finding conducted by the C office) and the amount borne by the burden calculated by applying the 308,019 cubic meters of the actual total quantity to the 308,019 cubic meters [it refers to 19 in the fact-finding conducted by the court of first instance as a result of the fact-finding conducted by the C office] of the 12nd sentence “12nd sentence below [it refers to KRW 50 cubic meters x 830 cubic meters (100 cubic meters -1,000 cubic meters - 300 cubic meters] 】 1,590 won (301,00 cubic meters]];

C. Of the judgment of the first instance, “301-1000” part of the first instance judgment with 6 conduct “301-1,000”

D. Of the judgment of the first instance, the part of “1,001-307,319” with 5 conduct below 7. “1,001-308,319”

E. Among the judgment of the court of first instance, the reasons for the entry of this case by the court in the part "h." in the part "h." in the part "h." in the judgment of first instance are as follows. The part of the judgment of first instance which appears to be obvious error or clerical error, or the part which should clarify its meaning is as follows. The part of the judgment of first instance is to be deleted and the part of the defendant's 1-3 acts below 15 and 16-2 acts "from 5 acts". The part is to be deleted, and the part is to be deleted and the judgment of the plaintiff, the supplementary intervenor (hereinafter "the plaintiff, etc.") and the defendant specifically emphasized or newly raised by the court as the reasons for appeal by the plaintiff, the plaintiff's supplementary intervenor (hereinafter "the plaintiff, etc.") and the defendant are to be added. In addition, according to the review of this court, the part of the judgment of first instance which was accepted as part of the grounds for

B. In lieu of deletion of the fourth part of paragraph (4), this Court’s review result is organized and recorded as the reasoning of the judgment of the first instance except for the following paragraph (3). Thus, this is based on the main sentence of Article 420 of the Civil Procedure Act.

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