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(영문) 서울고등법원 2019.06.13 2018나2065270
손해배상(기)
Text

1. Of the judgment of the first instance, the part concerning Defendant E is modified as follows.

Defendant E shall be the Plaintiff and the first instance court.

Reasons

1. In the first instance court, the Plaintiff filed a claim for damages against the co-defendant B, C, and D of the first instance court by asserting that the said three persons are the Defendants and joint tortfeasors, and the first instance court rendered a judgment that fully accepts the Plaintiff’s above claim.

Since both the Plaintiff and the co-defendants of the first instance court did not appeal against the above judgment, the part against the co-defendants of the first instance court in the above judgment became final and conclusive, they are not subject to adjudication of this court.

2. The reasons why this Court stated in this part of the underlying facts are the same as the part of “1. Basic Facts” among the reasons of the first instance judgment, and thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, if it excludes the parts to be used or added as follows

The margin between the first and second orders and the purport of the claim, as well as the reasons for the claim, did not take into account when calculating the volume of water.

(hereinafter the same shall apply)

Both Defendant B and others, “Defendant B” have been raised into “Co-Defendant B of the first instance trial.”

In Chapter 3 of the Ministry of Education, Science and Technology, "Defendant D, E, F, G, and H" in Chapter 19 of the Ministry of Education, Science and Technology, shall be added to "Co-Defendant D, H, Defendant E, F, and G" in the first instance trial.

Part 4, Part 3, and not more than that, "Defendant C" shall be put into "Co-Defendant C of the first instance trial".

Since 14th page 4, the term “Susb Defendants” was written by having “Defendants and Co-Defendant D and H” in the first instance trial.

On the 4th page 4, 15 and 10th "Defendant D" all shall be changed to "Co-Defendant D of the first instance trial".

⒡ 제5면 제12행, 제6면 제1행의 각 “H”을 각 “제1심 공동피고 H”으로 고쳐 쓴다.

⒢ 제5면 제16행의 “피고들”을 “피고들과 제1심 공동피고 B, C, D, H(이하에서 위 7인을 한꺼번에 지칭할 때에는 ‘피고들 등’이라고만 한다)”으로 고쳐 쓴다.

⒣ 제5면 제20행의 “피고 E는”을 “피고 E은”으로 고쳐 쓴다.

⒤ 제5면 마지막에 다음과 같은 내용을...

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