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(영문) 서울고등법원 2016.10.13 2015나3121
손해배상(기)
Text

Of the judgment of the court of first instance, the plaintiff as to the defendant C, who is the money ordered to pay in addition to the following.

Reasons

1. Scope of adjudication of this court;

A. In the first instance trial, the Plaintiff claimed the payment of loans, etc. to Defendant B, the return of the construction price, etc. to the Defendant Company, and the compensation for damages against Defendant B and D, including consolation money.

Specific details are as follows:

The Plaintiff’s claim, such as loans to Defendant B, 4,512,50 won on April 13, 2012; KRW 1,000,00 on June 22, 2012; KRW 32,00,000 on June 22, 2012; KRW 2,00,000 on July 7, 2012; KRW 5,50,000 on KRW 5,00,00 on July 11, 2012; KRW 60,00 on June 16, 2012; KRW 5,50,000 on KRW 20,00 on KRW 10,00 on KRW 50,00 on July 16, 2012; KRW 10,000 on KRW 7,100,000 on KRW 7,00 on July 25, 2012; and

B. The court of first instance, among the Plaintiff’s claims for loans, etc. against Defendant B, accepted only a part of the Plaintiff’s claim for the joint construction cost (No. 8) around September 2012, and dismissed all of the Plaintiff’s claims for the remainder of loans, etc. against Defendant B (On the other hand, referring to the claim Nos. 2 through 4 with respect to D), and the Plaintiff appealed only as to the claim Nos. 1, 9, 10, 11, and 12 with respect to the above table.

C. Meanwhile, as to the Plaintiff’s claim for construction cost against the Defendant Company, the Defendant Company and the Plaintiff appealed and filed an incidental appeal against each of their lost parts.

In addition, the court of first instance accepted part of the claim for consolation money (No. 18) from among the plaintiff's claim for damages against the defendant B and D, and dismissed all of the plaintiff's claim for remainder of damages against the defendant B and D, but did not appeal against the plaintiff, defendant B and D.

E. Therefore, it is applicable.

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