(영문) 서울고등법원 2019.05.24 2018나2043102

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(영문) 서울고등법원 2019.05.24 2018나2043102

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The plaintiff succeeding intervenor's claim is dismissed.

3. The plaintiff and the defendant.

Reasons

1. The reasoning for the court’s explanation in this part is as stated in the corresponding part of the judgment of the court of first instance (the second part of the judgment of the court of first instance, “1. Basic Facts”). Therefore, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Provided, That some of the judgment of the first instance shall be amended as follows:

[Revision] Part] Part II of the judgment of the court of first instance shall be added to "the same day" as " August 7, 2008."

Nos. 13 through 16 of the judgment of the first instance court shall be paid in 20 million won each month according to the instant contract for the performance of duties (the latter part of the suspension of the third page) as follows.

In the instant contract for the performance of duties, “The obligation to pay service costs of KRW 600 million (excluding value-added tax) to H shall be borne by C, and upon request for payment to the Defendant who is the trustee under the instant trust contract, C shall, in principle, deposit in the name of the Defendant in accordance with the instant trust contract, and upon conclusion of the contract, pay KRW 100 million per month after paying KRW 20 million per month.” On Chapter 4 of the first instance judgment of the first instance court, the following is added to the following:

(i) On October 4, 2018, the Plaintiff transferred “the Plaintiff’s damage claim of this case against the Defendant, KRW 300 million, and damages for delay calculated at the rate of KRW 20% per annum from October 19, 2018 to the date of full payment.” On February 25, 2019, the Plaintiff notified the Defendant of the transfer, and the said notification reached the Defendant on February 26, 2019.

j. The succeeding intervenor acquired the claim from the Plaintiff as above in the trial of the party.

Then, the plaintiff's claim succeeded to the part of KRW 300 million among the plaintiff's claim.

'The fourth suspension of the first instance court's decision (as stated in evidence A or 1 and 2) shall be added to the basis for recognition.

2. Determination as to the plaintiff's claim

참조조문

-민사소송법 제420조

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