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(영문) 서울고등법원 2020.05.22 2019나2052547
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In the first instance court’s trial scope, the Plaintiff’s primary claim against the Defendant: (i) claims for damages caused by deception, and (ii) claims for the payment of down payment due to the liability of an unauthorized representative related to the subcontract of this case constitute a subjective preliminary co-litigation in which Co-defendant B, a primary defendant, and the Defendant are the primary co-litigation.

In addition, prior to the claim for damages caused by deception, it is identical with the "claim for Damages caused by the loss" in the primary claim.

The first instance court partly accepted the primary claim against the defendant, and dismissed the claim for the down payment related to the conjunctive claimant's subcontract of this case.

Therefore, since the defendant appealed against the defendant among the judgment of the court of first instance, the subject of the judgment of this court is limited to the part against the defendant among the primary claims of the judgment of the court of first instance (the part on the claim for damages concerning the fraud of KRW 20 million which became final and conclusive).

2. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: (a) the entry “1. Basic Facts” and each entry “Defendant Company B” and “Defendant Company B” from the 6th to the 7th 5th eth eth eth 13th eth eth eth eth, the 7th 10 to the 8th eth eth eth eth 13th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e of the eth eth e.

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