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(영문) 부산지방법원 2019.09.18 2018나5734
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant, intermediary confirmation Plaintiff, and review Plaintiff) are dismissed.

2.In addition, a new trial shall be added.

Reasons

The Plaintiffs, a lessee, filed a lawsuit against the Defendants, a lessor, seeking the confirmation of a lessor’s claim for damages and public charges, claim for the payment of a site price and the term of a contract, against the Plaintiffs for the termination of a lease agreement. Defendant D filed a counterclaim against the Plaintiffs. On December 4, 2014, the court dismissed all of the Plaintiffs’ claim and rendered a judgment that accepted Defendant D’s counterclaim (hereinafter referred to as “the judgment of retrial”) (hereinafter referred to as “the judgment of retrial”), and the appellate court [2015Na349, 356 (Counterclaim)] of the judgment subject to a retrial [2015Na349, 356 (Counterclaim)] of the said judgment subject to a retrial (hereinafter referred to as “the judgment of retrial”), and all of the Plaintiffs’ claims against the Defendant A, added in the appellate court and the appellate court, became final and conclusive on May 31, 2016.

In response to this, while filing a petition for review of this case on the judgment subject to a retrial, the Plaintiffs added one million won deposit to Defendant D’s claim for restitution and damages against the Defendants during the proceeding in the first instance court, and filed a lawsuit for interim confirmation during the proceeding in the first instance court. On October 16, 2018, the first instance court dismissed all of the Plaintiffs’ petition for retrial and rendered a judgment dismissing all of the lawsuits for interim confirmation.

(hereinafter “The first instance judgment”). The Plaintiffs appealed against the first instance judgment, but withdrawn the claim against Defendant D, the claim for damages against the Defendants, and added each claim to verify the intent to terminate the contract, such as the statement in the purport of the request for retrial. Accordingly, the scope of the trial of this court is limited to each of the above claims added by the Plaintiffs in the trial, the part of the intermediate confirmation, and the counterclaim against Defendant D.

The court's explanation of this case by the court of the first instance on the grounds of this case is 5 pages 13 of the judgment of the first instance.

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