beta
(영문) 서울고등법원 2017.06.09 2016나2052584

수수료

Text

1. The part of the Plaintiff’s appeal concerning the claim for audit expenses and the claim for acceptance fees shall be dismissed;

2. The plaintiff's remainder.

Reasons

1. Object of the political party deliberation;

A. The following facts are acknowledged according to the Plaintiff’s claim records of this case.

[1] In filing the instant lawsuit on March 2, 2015, the Plaintiff filed a claim against the Plaintiff and the Defendant for payment of the fee under the contract concluded on October 28, 2012 between the Plaintiff and the Defendant, as well as for delay damages.

On January 20, 2016, the Plaintiff added the claim of KRW 12,797.81 to the acquisition amount on the ground that the Plaintiff acquired the Plaintiff’s obligation to pay the fees to the Plaintiff on the ground that: (a) reduced the Plaintiff’s claim of KRW 92,798.74 to KRW 92,79; (b) added the claim of KRW 2,500 for audit expenses based on the contract of △△; and (c) added the claim of KRW 12,797.81 for the acquisition amount on

On January 21, 2016, the application for change of the purport and cause of the claim was stated at the fourth date for pleading of the first instance court, and accordingly, the Plaintiff claimed payment of KRW 108,095.55 to the Defendant (i.e., fee 92,798.74) (i.e., deposit 12,797.81).

[2] The judgment of the court of first instance was rendered on July 14, 2016. The judgment of the court of first instance stated the purport of the plaintiff's claim as 105,596.50 U.S. as stated in the above complaint and damages for delay thereof. The plaintiff's claim was dismissed in the disposition. The court of first instance did not make any judgment on the claim as 12,797.81 U.S. claim as 2,500 U.S. audit expenses stated in the application for change of the claim and the cause of the claim.

The plaintiff appealed against the judgment of the court of first instance, and the purport of the appeal is to claim payment of 108,095.55 as stated in the above application form for modification of the purport and cause of the appeal.

B. (i) When an appeal is filed, the confirmation of the judgment of the first instance court shall be interrupted, and the entire case shall be transferred to the appellate court to continue to exist.

Therefore, the appellant can expand the purport of appeal until the closing of argument in the appellate court.

Provided, That the first instance court shall have the effect of the review.