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(영문) 서울고등법원 2019.10.11 2019나2026906
손해배상(기)
Text

1. Of the part concerning the counterclaim of the first instance judgment, the part ordering payment by this court prior to remand is rendered final appeal.

Reasons

1. Scope of trial of this court after remand;

A. In the first instance trial, the counterclaim Defendant filed a claim against the counterclaim Plaintiff, C (hereinafter “C”) and D (hereinafter “D”) for damages arising from the pilot J’s employer’s liability or the owner or possessor’s liability in relation to the instant accident that occurred at the construction site of the counterclaim Defendant around December 13, 2013 (hereinafter “instant accident”), and the counterclaim filed a counterclaim against the counterclaim Defendant seeking damages arising from the Plaintiff’s tort liability or employer’s liability in relation to the repair cost and actual damage incurred during the instant period due to the instant accident.

B. Accordingly, the first instance court rendered a judgment of the first instance court that partly accepted the claim of the counter-defendant against the counter-appellant, C and D and the counterclaim claim by the counter-appellant. The first instance court appealed the judgment of the first instance by the counter-defendant, the counter-appellant and C, and the supplementary intervenor to the counter-appellant (hereinafter “the supplementary intervenor”) respectively, but the counterclaim Defendant voluntarily withdrawn the lawsuit against C while the appellate trial is pending.

C. After that, this Court accepted part of the appeal against the counterclaim Defendant and the appeal against the principal lawsuit by the counterclaim Plaintiff, and rendered the judgment of the appellate court prior to remanding that part of the appeal that partly cited the claim by the counterclaim Defendant and the counterclaim by the counterclaim Plaintiff. As a result of the appeal to the Supreme Court prior to remanding all the counterclaim Defendant, the Supreme Court dismissed all the appeals by the counterclaim Defendant and rendered a judgment of remanding that part of the appellate court’s judgment against the counterclaim, which partly accepted the appeal by the counterclaim Plaintiff, and reversed and remanded that part of the appellate court’s judgment against the counterclaim prior to remand.

Therefore, the judgment of the appellate court prior to the remanding of the case is the main claim of the counterclaim defendant and the counterclaim plaintiff.

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