beta
(영문) 울산지방법원 2016.10.05 2016나875

손해배상(기)

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The court's explanation concerning this case is based on the reasoning of the judgment of the first instance.

1) Paragraph 1 of Article 420 of the Civil Procedure Act shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the following is added to the judgment on the main part of the judgment of the first instance court against SK Construction Co., Ltd. < Amended by Presidential Decree No. 2032, Dec. 21, 200; Presidential Decree No. 2020, Dec. 21, 2007> (The ground for recognition: 6, 7, 9, 10, 16 through 19, 21, and 22; Presidential Decree No. 20354, Dec. 21, 2007> (The ground for recognition: 4, 196; Presidential Decree No. 20348, Feb. 23, 2006>

2. Additional determination

A. The plaintiff's main defense against the plaintiff's main defense does not appeal against the counterclaim part of the judgment of the court of first instance, and the period of appeal expires. Thus, the defendant's counterclaim part does not fall under the judgment of the court of first instance.

B. We examine the judgment, and the facts that the defendant stated the purport of appeal to the effect that he is dissatisfied with the whole part of the judgment of the court of first instance which was submitted within the period of appeal against the defendant in the petition of appeal of this case, which was submitted within the period of appeal, are clear. Thus, it is reasonable to view that the defendant filed an appeal against all of the part against the defendant in the principal lawsuit of the judgment of first instance which was partially lost against the defendant and the part against the counterclaim of

[However, the defendant has partially reduced the purport of appeal against the counterclaim in the application for correction of the purport of appeal of this case (Counterclaim). 3. Thus, the judgment of the court of first instance is just and the defendant's appeal against the main claim of this case and counterclaim is dismissed as it is without merit. It is so decided as per Disposition.