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(영문) 대구지방법원 2015.07.10 2014나20613

구상금

Text

1. Of the part on the principal lawsuit in the judgment of the first instance, 30,596,091 won against the Defendant-Counterclaim Plaintiff (Counterclaim Defendant).

Reasons

1. In the first instance court, the Plaintiff filed a suit by combining the claims related to the land of the Gu, the first instance court (hereinafter “I land”), ② claims related to the loan of the Korea Saemaul Savings Depository, ③ claims related to the amount of the unpaid Saemaul Savings Depository, ④ claims related to the loan of the Korea Facilities Mutual Aid Association, ⑤ claims related to the operation of the Korea Facilities Mutual Aid Association, ⑤ claims related to the substitute payment of value-added tax, ⑤ claims related to the payment of taxes other than value-added tax related to E E operation, ④ claims related to the payment of taxes other than value-added tax, ④ claims related to the payment note prepared by the Defendant on October 11, 2010, and claims related to the cash custody certificate.

In the first instance trial, the Defendant filed a counterclaim by combining ① a claim related to the transfer of bid rights, ② a claim related to the investment of the Korea Facility Mutual-Aid Association, ③ a claim related to construction of the 16th MH Airfield (hereinafter “Ycheon Airfield”), ④ a claim related to the construction cost of H, and ⑤ a claim related to the payment of expenses related to the operation cost of E.

In addition, there is no explicit reason for the judgment of the court of first instance as to the claim related to the cash custody certificate among the plaintiff's main claim.

However, there was no dispute between the original defendant that the claim related to the cash custody certificate overlaps with the claim related to the payment note prepared by the defendant on October 11, 2010. When considering that the plaintiff stated that he would modify the purport of the claim, it seems that there was no need to enter the reasons for the judgment. Therefore, even if there was no relevant provision in the reasoning for the judgment of the first instance, the expression "the dismissal of the plaintiff's remaining claim for the original lawsuit" in the text is deemed to have been judged as to the claim related to the cash custody certificate. It was all dismissed, and 4, 6, and 8 were partially accepted.

In addition, among the defendant's counterclaim claims, the above ①, ②, ③ and ⑤ claims were entirely dismissed, ④ claims were partially accepted.

In regard to this, only the defendant has filed an appeal and only the counterclaim has been filed.