손해배상(기)
Of the judgment of the court of first instance, the part which was affirmed by the judgment of remand (Supreme Court Decision 2020Da237100 Decided July 9, 2020) shall be excluded.
1. Objects of adjudication of this Court;
A. The Plaintiff filed the instant lawsuit against the Defendant seeking “1,714,675,697 Won and its related amount to be paid at a rate of 20% per annum from the day following the date of transmission of the copy of the instant complaint to September 30, 2015, and 15% per annum from October 1, 2015 to the date of full payment.” The first instance court rendered a judgment ordering the Defendant to pay damages at a rate of 15% per annum, which is calculated at a rate of 220,11,89 won and its related amount, from March 24, 2015 to June 30, 2016, which is the day following the date of delivery of the copy of the instant complaint, and from the next day to the day of full payment.”
B. As to the judgment of the first instance, both the Plaintiff and the Defendant appealed, but the court of the first instance prior to the remanding of the case rendered a judgment dismissing both appeals.
(c)
With respect to the judgment of the court of first instance before remanding, only the plaintiff was awarded the judgment. The Supreme Court accepted part of the plaintiff's appeal, and reversed "71,057,798 won among the part against the plaintiff in the judgment of the court of first instance before remanding and damages for delay thereof" and remanded to this court, and rendered a judgment dismissing the remainder of the plaintiff's appeal.
(d)
Therefore, the scope of the judgment of this court after remanding the case is limited to the part reversed despite the Plaintiff’s purport of the claim and the purport of appeal made by this court after remanding the case (Provided, That the part pertaining to the delayed damages is subject to the judgment of this court after remanding a claim for delayed damages pursuant to the purport of appeal reduced by this court after remanding the Plaintiff). 2. The reasoning of this court is as follows: (a) except for the case of using the part pertaining to “Plaintiffs” of No. 2, No. 18 of the judgment of the court of first instance as “Defendants” as the part pertaining to “1. Basic Facts” of No. 2, No. 2, No. 11 through No. 7, the judgment of the court of first instance is identical to the part pertaining to “1. Basic Facts” of No. 2,
3. The reasons why the court has incurred the liability for damages are stated in this part.