구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In a case where the scope of objection is limited to a part of the cited amount of the claim while only the defendant appealed against the judgment of the court of first instance which partly admitted the scope of a single claim, the entire claim, which was the subject of the judgment of the court of first instance, is indivisible, but the scope of the judgment of the appellate court is limited to the scope of appeal filed by the defendant among the disputed parts (see, e.g., Supreme Court Decision 2011Da83110, Jun. 28, 2013). With respect to the instant case, the scope of the judgment of the appellate court is limited to the scope of appeal filed by the defendant (see, e.g., Supreme Court Decision 2011Da8310, Jun. 28, 2013). The Plaintiff’s claim of this case is the form of combining the principal of each indemnity and its delayed payment claim based on the right to indemnity arising from the payment of insurance proceeds to J.
(1) According to the records of this case, the defendant's attorney dismissed the plaintiff's claim on the first day for pleading of the first instance trial, which is the purport of "the plaintiff's claim is dismissed," but this does not seek the whole dismissal of the plaintiff's claim, but it is judged that the plaintiff's claim corresponding to the revoked part was dismissed, "in other words, the plaintiff's claim corresponding to the revoked part was dismissed," and "the plaintiff's claim was additionally presented." Therefore, the above J and L's claim for damages exceeding 162 million won in total, and 6% in total, per annum of the amount of indemnity due to the payment of insurance proceeds to the above J and L, are only subject to the judgment of this court, and this part is judged only to the extent necessary to determine the existence and scope of the above obligation to pay damages for delay.