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1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked, and
Reasons
1. In relation to the sub-lease agreement and premium agreement, the Plaintiff filed a claim for damages for reasons of joint tort liability with respect to B and C, the claim for damages for reasons of joint tort liability with respect to Defendant D and E, and the claim for mutual-aid with respect to Defendant Association on the grounds of Defendant D’s mutual-aid policyholder.
The first instance court fully accepted the Plaintiff’s claim for damages against Defendant D and E, and partly accepted the Plaintiff’s claim for damages against Defendant D and E, and dismissed the remainder. The Plaintiff’s claim for mutual-aid funds against the Defendant Association partially accepted the part related to the sublease contract and dismissed the remainder.
In relation to this, C and the Defendants appealed, and this Court rendered a decision to dismiss both the Plaintiff’s claim for damages against C and the Plaintiff’s claim for restitution of unjust enrichment added in conjunctively to the Plaintiff’s claim for damages against C and the Plaintiff’s claim for damages against Defendant D and E, and to dismiss the remainder, and to dismiss all the Plaintiff’s claim for mutual aid money against the Defendant Association.
As to this, the Plaintiff appealed to the part against C and the Defendants, and the Supreme Court reversed each part of the judgment prior to the remanding of the judgment against Defendant D and E concerning the same contract as the part against the Plaintiff regarding the sub-lease contract, and remanded this part of the case to Busan High Court, and dismissed the remainder of the Plaintiff’s appeal.
Therefore, among the Plaintiff’s claim, the part of the claim against the Defendants relating to the premium contract was separated and finalized by the judgment of the Supreme Court on partial reversal and return.
In other words, in relation to the premium contract, "Defendant D" and "E" jointly pay to the Plaintiff 16 million won and delay damages therefor, and the remainder to Defendant D and E.