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(영문) 서울고등법원 2017.09.28 2017나2022825

손해배상(기)

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1. All appeals filed by plaintiffs (appointed parties) A and B shall be dismissed;

2. All appeals filed by the Plaintiff (Appointed Party) C and D.

Reasons

1. According to the records, after examining the legitimacy of the appeal of this case filed by Plaintiff A and B, the attorney at the first instance court, excluding Plaintiff A, Plaintiff A, and Plaintiff A and B, issued an order of correction to the effect that: (a) the attorney at the first instance court, who filed an appeal on March 30, 2017 at the time of filing an appeal against the unpaid Plaintiff, did not attach the amount of the appeal to the unpaid Plaintiff; and (b) on April 3, 2017, the court issued an order of correction to the attorney at the first instance court to pay the amount of the appeal to the unpaid Plaintiff within seven (7) days from the date of delivery of the order of correction to the attorney at the first instance court; (c) although the order of correction was served on Plaintiff A and the attorney at the first instance court of Plaintiff A and B on April 5, 2017, the attorney at the first instance court did not pay the unpaid amount to the Plaintiff.

If so, the appeal by the plaintiff A and B is unlawful because it does not comply with the correction order without attaching stamps under the provisions of law.

2. Determination as to the claim of this case by the plaintiff C and D

A. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for cases where the corresponding part of the judgment of the court of first instance is used or deleted as stated in Article 420 of the Civil Procedure Act. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Part 2 of the first instance court's decision 2, Nos. 11 to 12 of the second instance court's decision 2, "the plaintiff (appointed parties) and the designated parties (hereinafter referred to as "the plaintiff, etc.")" were "the remaining designated parties listed in the attached Form 2 list except the plaintiff C, D, C, and D (hereinafter referred to as "the plaintiff, etc.")".

A. On the fourth decision of the first instance court, the phrase “as of April 25, 2017 or as of April 25, 2017” should be deleted. The phrase “(Article 17)” in the fifth decision of the first instance is “(Article 17).”