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(영문) 부산고등법원 2017.05.31 2013누642
손실보상금증액
Text

1. The appeal by the plaintiff (Appointed Party) and the incidental appeal by the defendant against the plaintiff (Appointed Party) shall be dismissed.

Reasons

1. Ex officio determination, etc. on the legitimacy of an appeal

A. The Plaintiff (Appointed Party) and the remaining designated parties (hereinafter referred to as “appointed Party” for convenience without distinguishing both the designated parties and the remaining designated parties, and the Plaintiff (hereinafter referred to as “Plaintiffs”) and the first instance appointed parties sought an increase in compensation for losses against the Defendant in the first instance trial.

On February 8, 2013, the first instance court accepted the claim of the Appointor A in full, dismissed all the claims of the Appointor B, P, Q, R, S, and T, and declared a judgment citing some claims of the remaining Appointor.

The judgment of the first instance was served on February 13, 2013 on both parties.

B) Upon filing an appeal on February 22, 2013, the Plaintiffs submitted a petition of appeal stating only 18 remaining designated parties except for the designated parties S of the first instance court (the sum of the amounts of appeal stated in the petition of appeal 248,803,546 won, which is identical accurately with the sum of the amounts to be additionally claimed in the appellate court by the said 18 persons.

(C) The Plaintiffs asserted in detail the cause of the claim and the amount of the claim by each of the designated parties through the preparatory documents submitted on October 8, 2014, even though they won in full at the first instance trial.

However, the aforementioned preparatory document does not stipulate at all the cause of claim or the amount of claim of “S of the first instance court”. The Plaintiffs submitted to this court the correction of claim and the amount of claim on June 17, 2016. The Plaintiffs are stated in the purport that they are dissatisfied with the portion of KRW 528,452 in total (i.e., KRW 174,440 in total) (i., KRW 354,012 in KRW 12,829,400 in total), and that S is dissatisfied with the portion of KRW 12,829,406 in total (i.e., KRW 2,794,90 in KRW 10,034,50 in total).

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