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(영문) 대구고등법원 2017.06.21 2016나24988

대여금

Text

1. Of the judgment of the court of first instance, the part of the claim by the Plaintiff (Counterclaim Defendant) against the Defendant C (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

In the first instance court’s trial scope, ① the Plaintiff’s principal claim against Defendant C was wholly accepted, and the principal claim against Defendant B was entirely dismissed. ② The part of the claim for the return of unjust enrichment equivalent to KRW 32,46,817, which was filed by Defendant C, was cited in the part of the claim for the return of unjust enrichment in the amount of KRW 12,024,441, and the remainder was dismissed, and the remainder was entirely dismissed. ② The part of the claim for compensation of KRW 90,000,000 due to the closure of the mine, ② the part of the claim for repair of the amount of KRW 28,050,00,000, and the part of the claim for reimbursement of the purchase price equivalent to KRW 37,08,50,000, which was the repair cost of the amount of liquid waste treatment equipment, were all dismissed, and ③ the claim for the counterclaim filed by Defendant B was entirely dismissed.

As to this, Defendant C filed an appeal with respect to the Plaintiff’s principal claim. Defendant C filed an appeal regarding KRW 50,000,000, which was a part of the part dismissed in the claim for damages due to the closure of a mine among the part of the claim for counterclaims by Defendant C, as well as the part concerning the delayed payment for the claim, and subsequently, Defendant C newly added the claim for restitution of unjust enrichment or damages for the loan claim regarding KRW 50,000,000 for the loan purchase price of KRW 50,000.

Meanwhile, Defendant B appealed on the Plaintiff’s claim related to KRW 18,00,000 from August 2014 to April 2015 (i.e., KRW 2,000,000 per month x nine months), which was part of the part rejected in the claim for return of unjust enrichment among the counterclaim claims, and on the part of the damages for delay.

Meanwhile, the Plaintiff won the entire claim against Defendant C in the first instance trial, and extended the purport of the claim by adding the damages for delay on the above part at the trial.

(I) Accordingly, the plaintiff's principal lawsuit against the defendant C including the damages for delay extended by this court, and the plaintiff's counterclaim against the defendant C, shall be considered as a supplementary appeal.