채무부존재확인
Defendant who exceeds the following money among the part against the Plaintiff in the judgment of the first instance.
1. Scope of trial of the political party after remand;
A. The court of first instance accepted part of the Plaintiff’s claim and rendered judgment in favor of the Plaintiff partially, which rendered a favorable judgment, ordered the Plaintiff to pay 35,954,617 won per annum from October 29, 2009 to December 6, 2012, 5% per annum, and 20% per annum from the next day to the day of full payment.
AB made it.
Therefore, only the defendant appealed against the defendant among the judgment of the first instance, and the trial prior to remand accepted part of the defendant's appeal, and among the judgment of the first instance, the part against the defendant ordering payment in excess of the amount equivalent to 5% per annum from October 29, 2009 to May 27, 2016 and 20% per annum from the next day to the date of complete repayment, and dismissed the plaintiff's claim corresponding to the revoked part.
Accordingly, with respect to the part against the plaintiff in the judgment before remanding the case, the defendant appealed against the defendant in the judgment before remanding the case, and the Supreme Court has claimed that the part against the plaintiff in the judgment before remanding the case shall be 17,977,309 won (=35,954,617 won as the quoted amount in the judgment before remanding the case - amount of 17,977,308 won against the defendant in the judgment before remanding the case - the amount of 5% per annum from December 27, 2008 to December 6, 2012, 20% per annum from the next day to December 6, 2012, and 17,977,308 won per annum from December 7, 2012 to May 27, 2016.
The defendant's appeal was reversed and remanded, and the defendant's appeal was dismissed.
B. Accordingly, the part against the plaintiff in the judgment of the court of first instance and the part against the plaintiff in the judgment before remanding the case are separately finalized. Accordingly, the judgment of the court of first instance after remanding the case becomes final and conclusive among the part against the plaintiff in the judgment of the court of first instance prior to remand, which is the part reversed and remanded by the judgment of remanding the case.