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(영문) 광주고등법원 제주재판부 2015.8.19.선고 2015나351 판결
손해배상
Cases

(State) 2015Na351 Compensation

Plaintiff, Appellants and Appellants

1. High ○○

2. Mo○○

3. △△;

[Judgment of the court below]

Defendant, Appellant and Appellant

Jeju Special Self-Governing Province

The representative of the Do Governor shall do so.

Attorney Lee In-bok, Counsel for the defendant-appellant

The first instance judgment

Jeju District Court Decision 2014Gahap5360 Decided February 5, 2015

Conclusion of Pleadings

July 22, 2015

Imposition of Judgment

August 19, 2015

Text

1. All appeals filed by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

1. Purport of claim

Defendant: 93, 750, 000, and 56, 250, 000 to Hu○○○ and each of the plaintiffs, respectively, and to Do○○○○, both of the plaintiffs, 56, 250, 000

The lawsuit in this case from February 24, 2014 on the money of KRW 37, 500, 000 and each of the above money to the plaintiff Won, the Hasan, and the Hasan.

Until the service date of a duplicate, 5% per annum and 20% per annum from the next day to the day of complete payment.

D. The sum of the calculated amounts is paid.

2. Purport of appeal

A. The plaintiffs

Of the judgment of the first instance court, the part against the plaintiffs falling under the order to pay below shall be revoked.

Defendant’s Hu○○ and each Plaintiff’s Da○○ and each other’s Da○○○, KRW 46,875,00, and KRW 00,000, respectively, to both Plaintiff and each other.

28, 125,00 won, Plaintiff 18, 750, 000 won, and each of the said money to Plaintiff △△△, and the said money from February 24, 2014.

Until the delivery date of a duplicate of the complaint of this case, 5% per annum, and 20% per annum from the following day to the date of complete payment.

The payment of each proportion of money shall be made.

(b) Defendant;

In the judgment of the court of first instance, the part against the defendant shall be revoked and the plaintiffs' claims corresponding to the above revocation part shall be

each of them is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasons why the court should explain this case are modified by the court of first instance except for the following changes:

Civil Procedure because the reasoning of the judgment is the same as that of the matters related to the plaintiffs and the defendant.

It shall be quoted as is in accordance with the main sentence of Article 420 of the Act.

○ Judgment of the first instance court No. 4, 3 to 4, on the ground that the phrase “(s) by Defendant Hu○-○, on this basis, appeal by the lower court

The second final appeal is continuing to be dismissed) “A” is deleted.

○ Judgment of the first instance court, on the 6th day below, was known, and thus, “B” was known or material.

Since it was not known due to the fact that "a change to the road" was made.

○ In the first instance court’s judgment No. 5 of the 7th instance court’s judgment, “A person was aware or was seriously aware”

It is insufficient to recognize that there was no knowledge due to negligence, and "change to the route"

○ A written judgment of the first instance court No. 10 in the annexed Form No. 10

2. Conclusion

Therefore, the judgment of the first instance court is justifiable, and all appeals by the plaintiffs and the defendant are dismissed.

It is so decided as per Disposition.

Judges

Judges Kim Jong-ho

Judges Jeon Young-soo

Judges So-young

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