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red_flag_2(영문) 서울고등법원 2017. 12. 22. 선고 2017나2051663(본소), 2017나2051670(반소) 판결

[채무부존재확인·확정회생채권액][미간행]

Plaintiff (Counterclaim Defendant), appellant and appellee

Cement Co., Ltd. (Law Firm Barun, Attorneys Ansan-woon et al., Counsel for defendant-appellant)

Defendant Counterclaim Plaintiff, Appellant and Appellant

Defendant Counterclaim Plaintiff and two others (Law Firm Hun-Ba, Attorneys Lee Jong-ho et al., Counsel for the plaintiff-appellant)

Conclusion of Pleadings

November 15, 2017

The first instance judgment

Seoul Eastern District Court Decision 2016Gahap106283 (Main Office), 2016Gahap108135 (Counterclaim) Decided August 23, 2017

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

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

Purport of claim and appeal

1. Purport of claim

(a) Main claim;

On February 26, 2013, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”)’s retirement from office against the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is confirmed as follows: (a) Defendant 1-294,208,310 won; (b) Defendant 203,081,767 won; (c) Defendant 200,329,395 won; and (d) Defendant 3-200,329,395 won; and (e) Defendant 3-200,39, and damages for delay are not nonexistent.

(b) Counterclaim;

The Plaintiff shall pay to Defendant 1 294,208,310 won, and to Defendant 2 203,081,767 won, and to Defendant 3 200,329,395 won, and each of them shall be paid 5% per annum from April 16, 2013 to the service date of a duplicate of the application for purport of a counterclaim and modification of the cause of a counterclaim, and 15% per annum from the next day to the day of full payment.

2. Purport of appeal

A. The plaintiff

1) The part concerning the principal lawsuit in the judgment of the court of first instance is modified as stated in the purport of the principal lawsuit.

2) Of the part concerning the counterclaim in the judgment of the court of first instance, the part against the plaintiff shall be revoked, and all the defendants' counterclaim claims falling under the revoked part shall be dismissed.

B. The Defendants

1) Of the part concerning the principal lawsuit in the judgment of the court of first instance, the part against the Defendants is revoked, and the Plaintiff’s claim against the Defendants falling under the revoked part is dismissed in entirety.

2) Of the part concerning the counterclaim in the judgment of the court of first instance, the part against the Defendants falling under the following part of the order to order additional payment shall be revoked. The Plaintiff shall pay to Defendant 1 1 1 147,104,155 won, 101,540,884 won to Defendant 2, and 100,164,698 won to Defendant 3, and 5% per annum from April 16, 2013 to August 23, 2017, and 15% per annum from the next day to the date of full payment.

Reasons

1. Quotation of the first instance judgment

The reasoning of this court’s explanation concerning this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus, it is accepted pursuant to the main text of Article 420 of the Civil Procedure Act (the grounds alleged by the plaintiff and the Defendants in this court are not significantly different from the contents alleged in the court of first instance, and even if the evidence submitted in the court of first instance and all of the materials submitted in the court of first instance

2. Conclusion

Therefore, the plaintiff's principal lawsuit and the defendants' counterclaim are cited within the scope of each recognition mentioned above, and the remainder of the principal lawsuit and the counterclaim claim shall be dismissed, as they are without merit. The judgment of the court of first instance is just and reasonable. Thus, all appeals filed by the plaintiff and the defendants are dismissed.

Judges Gisung (Presiding Judge)

(1) The Defendants were dismissed and retired from office by a resolution of the Plaintiff’s general meeting on March 15, 2013, and thus, the above date is deemed to be a clerical error on March 15, 2013.