손해배상(기) 등
1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:
The defendant.
1. In the first instance trial, the Plaintiff asserted that the Defendant suffered damages due to the Defendant’s illegal disposition of rejection of reappointment, and sought damages for delay from the date following the delivery of a copy of the application for the purpose of the claim and the change of the cause of the claim on December 23, 2013.
The court of first instance rendered a judgment of this case ordering the defendant to pay a total amount of KRW 148,527,680 to the plaintiff (= KRW 118,527,680) and damages for delay after December 24, 2013 to the part of the plaintiff's claim for property damage, and KRW 30,000 to the consolation money portion, and KRW 148,527,680 to the plaintiff (= KRW 118,527,680,000). Accordingly, the plaintiff and the defendant appealed against each of the judgment of first instance, but thereafter they thereafter appealed to the part of the damages for property.
1. Each Plaintiff’s claim amount stated in the damages list was filed with the purport of modifying the claim and the ground for appeal purporting to seek damages for delay from the day immediately following the pertinent date when changing the pertinent amount and the pertinent amount to claim damages for delay from the day immediately following the pertinent date.
Thus, the plaintiff, upon the above purport of the claim and the application for modification of cause, has amended the purport of the claim concerning the part of the property damage (the part concerning the principal portion has been partially reduced and the damages for delay has been partially expanded, and such expanded part has the character as an incidental appeal), and also has amended the purport of appeal concerning the part concerning the property damage of the judgment of the first instance court, and the appeal concerning the consolation money part has been withdrawn.
If there are such circumstances, property damage, including the above changed claims, in the judgment of the first instance.