기타(금전)
The litigation of this case shall be dismissed.
The litigation costs for retrial shall be borne by the defendant and the plaintiff.
1. The following facts, which became final and conclusive in the judgment subject to a retrial, are apparent in records or obvious to this court:
(1) With respect to the case of limitation on liability of the Plaintiff and the Plaintiff, etc., the Daejeon District Court rendered on January 16, 2013 (hereinafter “instant assessment judgment”), the said court filed a lawsuit of demurrer against the judgment on the circumstance where: (a) the amount of assessment judgment on the Plaintiff and the Defendant stated in the separate sheet No. 2579 is KRW 5,528,00; (b) the amount of limited claim against the Plaintiff’s limited claim as stated in the separate sheet No. 2591,2598; and (c) the amount of limited claim against the Defendant and the Plaintiff’s limited claim as stated in the separate sheet No. 2591,2598 is KRW 0,00; and (d) the amount of limited claim against the Plaintiff’s limited claim as stated in the separate sheet No. 2591,25
(2) Meanwhile, among the instant assessment judgment, the Defendant and the Plaintiff filed a lawsuit of objection against the assessment judgment seeking to change the amount indicated in the column (2013Gahap7677) of “the amount of assessment judgment on the limited claims by the Defendant and the Plaintiff listed in the separate list No. 2579,” as stated in the same list (Defendant and the Plaintiff).
(3) On December 12, 2016, the first instance court rendered a judgment that changed the assessment amount of limited claims against the Defendant and the Plaintiff into the amount indicated in the “amount of limited claims recognized in the first instance court” column in the attached Table.
(Judgment of the court of first instance).
(1) As to the [Attachment 2579,2591] Nos. 2579, 2591, the part against which the Plaintiff and the Defendants lost, the Plaintiff filed an appeal as stated in the “amount of appeal” column in the same list, and extended the purport of the claim by changing the No. 2579 from [Attachment 2579] to 0 won for the fish farming business.
On the other hand, among the parts against the defendant and the plaintiff, the attached list Nos. 2579 and Nos. 2598 among the attached list Nos. 2579 did not file an appeal, and only the attached list Nos. 2579 and 2591 "the purport amount of appeal" refers to only the defendant and the plaintiff.