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(영문) 서울고등법원 2016.11.18 2016나2011545

손해배상(기)

Text

1. The part against the counterclaim defendant in the judgment of the first instance shall be revoked.

Of the instant lawsuit, the Plaintiff and the Plaintiff.

Reasons

1. On August 31, 2015, the court of first instance, as to the termination of the lawsuit, rendered a ruling of recommending reconciliation under the Act that (1) the corresponding amount as stated in the table of claim amount in attached Table 1 "(1) and (2) the counter Defendant would pay the corresponding amount to the Counterclaim Counterclaim Lessee Construction Co., Ltd. in the table of claim amount in attached Table 1 to the Counterclaim Counterclaim Korea Asset Trust Co., Ltd., and (2) the Counterclaim Defendant would make a ruling of recommending reconciliation on September 3, 2015 that he/she would pay the corresponding amount as stated in the table of "the joint signature book" in the same table, and it is evident that the counter Defendant would not receive the original copy of the settlement recommendation and submit a written objection thereto on September 7, 2015. The part between the Lessee and the counter Defendant in the lawsuit in this case is terminated at the time of the said ruling of recommending reconciliation.

2. If so, the part of the judgment of the court of first instance against the counter defendant in the judgment of the court of first instance is excessive and it is erroneous in its judgment even after the lawsuit has been completed, so it is revoked and the declaration of termination of the lawsuit is decided as per Disposition.