손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The second preliminary claim added by the plaintiffs at the trial.
1. Scope of the deliberation of the political party;
A. In relation to Plaintiff A’s claim, Plaintiff A filed a claim for damages based on a selective tort in the first instance trial, and the first instance court determined that the claim was in a selective consolidation relationship and dismissed both Plaintiff A’s primary and conjunctive claims.
Accordingly, while filing an appeal against the part of the judgment of the first instance against the plaintiff A, the plaintiff reduced the primary and conjunctive claim amounting to 17,000,000 won and damages for delay. In the trial, the plaintiff added the claim for return of unjust enrichment to the second preliminary claim but only sought the payment of 17,00,000 won and damages for delay.
Accordingly, the scope of the party's trial on the plaintiff A's claim is part of the claim for damages, the agreed amount claim, and the claim for restitution of unjust enrichment, which are based on the tort as to the above 17,000,000 selectively combined and the damages for delay.
B. In relation to Plaintiff B’s claim, Plaintiff B filed a claim for damages based on selective tort in the first instance trial, and the court of the first instance determined that the claim was in an selective consolidation relationship, and determined that the claim was entirely accepted, but dismissed the remainder of the claim, excluding the cited portion in the agreed amount claim, among the claims for damages arising from tort.
Since only Plaintiff B appealed, the portion of KRW 44,00,00 as cited in the first instance trial and the damages for delay thereof are not subject to the immediate trial. Plaintiff B appealed the part against Plaintiff B in the judgment of the first instance, and filed an appeal against the part against Plaintiff B and sought payment of KRW 54,00,000 (=57,000,000 - 3,000,000,000) and damages for delay. The claim for restitution of unjust enrichment in the first instance trial is the second preliminary claim.