손해배상(기)
1. Of the judgment of the first instance, the part of the principal lawsuit against the Defendant (including the Plaintiff-Counterclaim Plaintiff) in the judgment of the first instance against the Defendant-Counterclaim Plaintiff.
1. Plaintiff BD is only the Plaintiff of the trial court among Plaintiff 84, as indicated in the complaint, following the court’s decision to recommend reconciliation, withdrawal of appeal, withdrawal of lawsuit, reconciliation, etc.
The Plaintiff filed a claim for damages against the Defendants as the principal lawsuit.
In this regard, Defendant LAC and Korea Asset Trust Co., Ltd. filed a claim against the Plaintiff for the payment of the unpaid balcony balance and unpaid balance in a counterclaim, and set-off defense against the equivalent amount of the principal claim out of the amount claimed as a counterclaim, and the remaining Defendants asserted that the effect of the set-off would affect the remainder of the Defendants.
The first instance court accepted part of the plaintiff's main claim against the defendants, rejected the set-off defense of the defendant's open title general construction company, the Korea Asset Trust Co., Ltd. and accepted part of the defendant's open title general construction company and the counterclaim claim of the Korea Asset Trust Co., Ltd.
Only the Defendants appealed against only the main part of the first instance judgment, but the part, among the counterclaims by the Defendant, which was set-off by the first instance court with automatic bonds, constitutes a preliminary counterclaim, and thus, if the first instance court accepted a set-off defense in the first instance court and dismissed the Plaintiff’s main claim, among the first instance judgment, the part corresponding to the preliminary counterclaim from among the counterclaims by the Defendant Dispute Resolution Co., Ltd. and the Korea Asset Trust Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd.
2. On the basis of the litigation materials and arguments submitted to the appellate court citing the judgment of the court of first instance, as a result of determining the issues in accordance with the appellate court’s method and principles, laws, precedents, legal principles, and evidence rules, there are sufficient grounds for admitting the grounds of the judgment of the court of first instance (such as laws, precedents, interpretation and application of legal principles, recognition of facts and facts, and judgment on the issues
The reasoning of the court's reasoning concerning this case is as follows, in addition to the deletion (such as the part of judgment on offsetting, etc.) of the reasoning of the court of first instance.