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(영문) 서울고등법원 2017.02.09 2016나2009313

손해배상등

Text

1.The judgment of the first instance, including the addition, modification and reduction of claims in the trial, shall be modified as follows:

Reasons

1. The plaintiff's primary claim against the National Bank of Korea Co., Ltd. and the plaintiff's conjunctive claim against the remainder of the defendants is legitimate

A. The reduction of the amount of a claim based on the same claim, which is a divisible in quantity at the appellate court of the relevant legal doctrine, is interpreted as a partial withdrawal of a lawsuit (see, e.g., Supreme Court Decision 2003Da46758, Jul. 9, 2004). After the final judgment on the merits was rendered, a person who voluntarily withdrawn a part of the judgment at the appellate court after the final judgment on the merits was rendered shall not institute the same lawsuit as

(2) A person who withdraws a lawsuit after a final judgment on the merits has been rendered shall not institute the same lawsuit (see Article 267 (2) or 267 (Effect of Withdrawal of Lawsuit).

Judgment

1. In the first instance trial, the Plaintiff claimed for the main claim against the Defendant National Bank and the second preliminary claim against the Defendants and the second preliminary claim against the Defendants, each of which is “5% per annum from June 28, 2011 to the date of final delivery of a copy of the complaint of this case, and 20% per annum from the next day to the date of full payment.” On the first instance trial, the Plaintiff claimed for the payment of damages for delay with the interest of 5% per annum from June 28, 2011 to the date of final delivery of a copy of the complaint of this case, and the second preliminary claim against the Defendants, each of which is “5% per annum from June 28, 2011 to the date of final delivery of a copy of the complaint of this case, 5% per annum from the next day to the date of full payment, 15% per annum from the next day to the date of full payment,” and again, the Plaintiff claimed for the payment of damages for delay from the first instance trial to the Defendants on 1212.3.216 billion and the remainder of this case.