beta
(영문) 서울고등법원 2016.08.16 2015나31188

공탁금출급청구권확인 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons for admitting the judgment of the court of first instance are as follows. The defendant added the following judgments as to the matters alleged in the trial of the court of first instance to the corresponding part. On the 17th stage of the judgment, "The aggregate amount of KRW 13,370,000 above 21,145,010 among the above 34,515,00 won or the plaintiff sought only KRW 34,515,000 among them." On the 21st stage of the same case, "The provisions of Article 2 (1) of the Addenda" in Article 2 (1) of the Additional Rule are as follows: "This case is already concluded before October 1, 2015, since the argument of the court of first instance has already been concluded, it constitutes the defendant's allegation that the plaintiff's remaining part of the judgment of the court of first instance is invalid or not the defendant's remaining part of the judgment of the court of first instance, and thus, it cannot be accepted as it is in accordance with Article 420 of the Civil Procedure Act.

3. In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.