[공소장각하명령에대한항고][집10(4)민,086]
In the case of an order to attach a stamp or to attach a part which is not within the scope of the appeal
Where an appeal has been filed against a part of the damages for delay in a judgment, it shall be deemed an independent subject matter of lawsuit and the stamp amount shall be calculated.
Articles 371 and 231 of the Civil Procedure Act
The Bank for interest;
Seoul High Court
order shall be reversed.
1. As to the grounds of appeal by the appellant
According to the records, the appellant (appellant) is the purport of a claim that "the defendant jointly and severally pays 18 million won and 20% interest per annum from October 1, 1960 to the plaintiff (appellant)," and according to the order of the first instance court, "the defendants jointly and severally pay 18 million won interest and 5% interest per annum from October 1, 1960 to the plaintiff" that "the other claim shall be dismissed," and according to the purport of the indictment and the correction of the purport of the indictment, the part of "the plaintiff's claim is dismissed for 10% interest per annum from 18 million won to 10 million interest per annum from 10 million interest per annum from 1960 to 180,000 interest per annum of the lawsuit shall not be added to 10% interest per annum from 10,000 interest per annum of the lawsuit to 180,000 interest per annum of the lawsuit shall not be added to the plaintiff's claim for damages."
Therefore, it is so decided as per Disposition with the assent of all participating judges.
The judge of the Supreme Court (Presiding Judge) Mag-Mag-man (Presiding Judge) Mag-Mag-Mag-ri, the Mag-Mag-ri,