지분환급금 청구의 소
All appeals filed by the Defendant-Counterclaim Plaintiff and incidental appeals filed by the Plaintiff C and D are dismissed.
An appeal and incidental appeal.
The plaintiff A, B, C, and D filed a lawsuit claiming the collection amount against the defendant and H as the succeeding intervenor, the succeeding intervenor, and the F, as the succeeding intervenor, the plaintiff A and B.
On the other hand, the defendant filed a lawsuit claiming objection as a counterclaim against the plaintiff A, a preliminary claim objection, and a lawsuit claiming unjust enrichment.
The judgment of the first instance rendered a judgment dismissing each of the claims filed against the defendant A and B, and the claims filed by the Daejeon District Court 2010Kahap643, among the defendant's main counterclaims, for non-performance of compulsory execution based on the protocol of conciliation in the case of provisional injunction No. 2010Kahap643, and the claims by the plaintiff C, D, and the succeeding intervenors partially accepted each of the claims filed by the plaintiff C, and C, D, and the succeeding intervenors against the defendant, and the claims by the plaintiffs against the plaintiff C, D, and the succeeding intervenors against the plaintiff
The defendant appealed against this, and the plaintiffs A, B, and the succeeding intervenors did not appeal, and only the plaintiffs C and D lost part of them.
Therefore, the scope of the judgment of this court is limited to the claims for share refund of the plaintiff C and D among the claims for principal lawsuit and the claims for collection by the succeeding intervenors, and the defendant's counterclaim claims against the plaintiff A.
The reasoning of the judgment of the court of first instance is that of the judgment of the court of first instance except for the following '3.3. added or added'. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(The grounds for appeal by the Defendant and the grounds for incidental appeal by the Plaintiff C and D are not significantly different from the allegations in the first instance court, and even if each evidence submitted by the first instance court is presented to this court, the fact-finding and judgment by the first instance court is deemed legitimate). The part to be cited or added is not so different from the allegations in the first instance court.
A. Part 16 of the judgment of the court of first instance is dismissed as "(3)" and the part 1 and the part 2 of the judgment of the court of first instance are as "(2)."