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(영문) 서울고등법원 2015.04.02 2014나2029436
인지과오납금 반환 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasons why the court should explain in this decision are as stated in the reasoning of the judgment of the court of first instance, except for the cases where part of the reasoning of the judgment of the court of first instance is changed as stated in the following Paragraph (2). Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(However, the part concerning the above "main claim" which the plaintiffs did not appeal and the part concerning the "Korea Deposit Insurance Corporation for the Bankruptcy Trustee" which was not appealed among the joint plaintiffs of the first instance court, excluding the part concerning the "Korea Deposit Insurance Corporation for the Bankruptcy Trustee" of Korea Deposit Insurance Corporation) 2.

(a)The following shall be added between conduct 7 and 8 of the first instance judgment:

6) On August 1, 2014, after the judgment of the first instance court of the instant case, Gyeongnam Bank merged with the KNF Bank Co., Ltd. on August 1, 2014. On the same day, the KNF Bank’s trade name was changed to the KNF Bank, and the KNF Bank, which changed its trade name, took over the instant lawsuit of the KNF Bank at the trial.

A person shall be appointed.

(b) Parts 5 to 14 of the first instance judgment shall be written in the following manner:

2) Determination A) The Act on the Stamps Attached to Civil Litigation, Etc. (hereinafter “Identification Act”)

(2) Article 14(1)2 of the Civil Procedure Act provides that “A party who has filed an application for intervention in a counterclaim or modification of a counterclaim or a suit for review before the closing of argument in the court of first instance or the appellate court shall be subject to withdrawal

In the event of recognition, the amount equivalent to 1/2 of the stamp amount may be claimed. However, in accordance with Article 27(1) of the Civil Procedure Act, where multiple claims were filed in one lawsuit, but the entire claim form part of the multiple claims was not withdrawn, but the part of a single claim is reduced, it does not constitute grounds for refund of the stamp amount as set forth above (see Supreme Court Decision 201Do45, Apr. 2, 2012).

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