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(영문) 서울고등법원 2015.07.24 2014나39109
손해배상
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, in addition to the contents to be explained by the court of first instance by the acceptance of the judgment of the court of first instance, including the following:

(The main text of Article 420 of the Civil Procedure Act). 2. The 14th to 15 second below of the reasons for the judgment of the court of first instance, among the reasons for the judgment of the court of first instance, shall be written by the following parts:

(3) Subsequent to net profit after deducting necessary expenses, we examine the Plaintiff’s net profit after deducting personnel expenses, office operating expenses, etc. presumed to have been incurred by the Plaintiff to provide the instant service for the same period.

The plaintiff asserts that 9,45,273 won calculated by deducting 157,521,90 won (=14,320,173 x 11 month) from the total sum of 11-month service fees paid by the defendant to G and 58,06,630 won (11-month average of 5,333 won paid by the defendant to the above G), 157,521,903 won (i.e., 14,320,173 x 11 months) was the estimated net profit of the plaintiff, and even if not, 2 management personnel (1.2 million won per month, 1.5 million won per month, 1.65 million won per month, 1.65 million won per month, 1.65 million won per month, 1.65 million won per month, 1.5 million won, 75 million won, and 165 million won per month, 5.5 million won, and 165 million won per month.

However, the evidence submitted by the plaintiff alone is that the amount of expenses, such as personnel expenses and office operation expenses, incurred by the plaintiff to implement the contract of this case before the contract of this case is terminated or that the plaintiff will spend after the contract of this case is terminated by the defendant.

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