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(영문) 서울남부지방법원 2014.12.26 2014나11487
구상금
Text

1. The part against the defendant remaining after the judgment of the first instance, excluding the part which became final and conclusive before remand, shall be revoked;

Reasons

1. After remanding the case, the plaintiff filed a claim against the defendant for reimbursement of KRW 39,00,000 and damages for delay pursuant to the Industrial Accident Compensation Insurance Act. The first instance court accepted only KRW 37,228,935 among the plaintiff's claim and damages for delay, and dismissed the remainder of the plaintiff's claim.

With respect to this, only the defendant filed an appeal against the part against the defendant, the court prior to the remand accepted part of the defendant's appeal, and accepted only 33,672,960 won in the plaintiff's claim and damages for delay, and dismissed the remaining claims, and dismissed the rest of the defendant's appeal.

The defendant appealed against the part against the defendant in the judgment of the court below prior to remanding the above part, and the Supreme Court reversed and remanded only the above part, and thus, the part that dismissed the defendant's appeal as to the part that ordered the defendant to pay damages for delay (=3,672,902,960 won - 6,902,280 won), and the part that dismissed the plaintiff's appeal as to the part that exceeded 33,672,960 won and damages for delay thereof, and the part that dismissed the plaintiff's appeal as to the part that exceeded 33,672,960 won and damages for delay.

Therefore, the scope of the trial after remand is limited to the above part among the part against the defendant in the judgment of the court before remanding (see Supreme Court Decision 96Da2187, Apr. 14, 1998) (see Supreme Court Decision 96Da2187, Apr. 14, 1998). Accordingly, even if the plaintiff's claim is well-grounded as to the above part of the judgment of the court of first instance ordering the payment of damages for delay, the defendant's appeal is dismissed separately. 2. The reason why this court should explain concerning the occurrence of liability for damages and limitation of liability is as to this part of the judgment of the court of first instance.

Since it is the same as the statement in the claim, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

3.C. - of the victim C.

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