손해배상(기)
The appeal on the part of the claim expanded by the original judgment shall be dismissed.
All remaining appeals are dismissed.
1. We examine ex officio the appeal on the part of the claim expanded by the original judgment on the legitimacy of the appeal.
A. In a case where a claim is expanded in the appellate trial, the appellate court should judge the extended claim as the first instance court. As such, the first instance court rejected the existing claim and ruled that “the plaintiff’s claim is dismissed.” However, if the appellate court rejects all the existing claim and the expanded claim in the appellate trial, it should not simply indicate the order that “the appeal is dismissed.” In addition, the appellate court must indicate the order that “the plaintiff’s claim is dismissed.”
On the other hand, in order to clarify the judgment of the court, whether there is any omission of judgment due to the entry of the conclusion in the text of the judgment shall be determined by the entry of the text. Thus, even if the reasons for the judgment are stated without merit, it shall be deemed that there is omission of judgment unless there is any special reason in the text. If there is any omission of judgment, the part of the lawsuit is still pending in the original judgment, and thus, it shall not be subject to appeal. Accordingly,
(See Supreme Court Decision 2006Da28256 Decided August 23, 2007). B.
The judgment below
According to the reasoning and the record of this case, the following facts are revealed.
1. In the first instance trial, the Plaintiff suffered damages to the Plaintiff by tort, such as embezzlement of the sales proceeds of goods by Defendant B, who is an employee of the Plaintiff, or pretending to have been returned even if they were not returned, and Defendant C embezzled a part of the amount with Defendant B along with the embezzlement of the amount, and the following shall be paid in full as to the amount of KRW 15,149,681, and KRW 850,000 of the above amount, jointly with Defendant B, and each of the above amounts, from September 1, 201 to September 30, 201; KRW 5% per annum from the next day until September 30, 2015; and KRW 20% per annum from the next day to the delivery date of a copy of the complaint of this case.