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Cases
2018Na939 Claims
Plaintiff-Appellant and Vice-Appellee Appellant
Samsung Fire Insurance Co., Ltd.
Defendant Appellant and Deputy Evacuation appellant
Federation of the National Federation of Bus Transport Business Cooperatives
The first instance judgment
Seoul Central District Court Decision 2016Da5301946 Decided November 28, 2017
Conclusion of Pleadings
June 27, 2018
Imposition of Judgment
July 23, 2018
Text
1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be borne by each person;
Purport of claim and appeal
1. Purport of claim
The defendant shall pay to the plaintiff 1,136,613,212 won with 5% interest per annum from September 1, 2017 to the service date of a copy of the claim of this case and the application for modification of the cause of the claim of this case, and 15% interest per annum from the next day to the day of complete payment.
2. Purport of appeal
Of the judgment of the court of first instance, the part of the judgment against the defendant ordering the plaintiff to pay 105,085,268 won to the defendant and its related amount in excess of 5% per annum from September 1, 2017 to the judgment of this court, and 15% per annum from the next day to the day of full payment. The plaintiff's claim corresponding to the revoked part is dismissed.
3. Purport of incidental appeal;
Of the judgment of the court of first instance, the part against the plaintiff falling under the order to pay is revoked. The defendant shall pay to the plaintiff 277,006,592 won with 5% interest per annum from the service date of a copy of the complaint of this case to the sentencing date of this court and 15% interest per annum from the next day to the day of complete payment.
Reasons
1. Quotation of the first instance judgment
The Defendant’s grounds for appeal and the Plaintiff’s grounds for incidental appeal do not differ significantly from the allegations in the first instance court, and according to the evidence duly adopted and examined by the first instance court, the fact-finding and judgment of the first instance court are recognized as legitimate. Accordingly, the reasoning of this court’s judgment is identical to the grounds of the first instance judgment, and thus, citing it by the main
2. Conclusion
Therefore, the judgment of the first instance is legitimate, and the defendant's appeal and the plaintiff's incidental appeal are all dismissed. It is so decided as per Disposition.
Judges
The presiding judge, Park Jae-ri
Judges Yoon Sung-he
The effects of judges' lectures