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(영문) 서울고등법원 2014.11.27 2014나2004642
손해배상(기)
Text

1. The judgment of the court of first instance rendered on the remainder of the plaintiffs except Plaintiffs V, W, X, Y, and Z, which was remanded by the Supreme Court on March 2, 2014.

Reasons

1. After remanding, the Plaintiffs filed a claim for damages due to a tort against the Defendant. The first instance court accepted only a part of the Plaintiffs’ claims, and dismissed each of the remaining claims by the Plaintiffs.

With respect to all or part of the judgment of the court of first instance against the plaintiffs, the defendant appealed against the defendant among the judgment of the court of first instance, and the court of first instance accepted only the money stated in the claim of the above plaintiffs as to the part against the plaintiffs other than plaintiffs V, W, X, and dismissed all of the appeals against plaintiffs V, W, X and the defendant's plaintiff V, W, and X in the judgment of the court of first instance.

Of the judgment of the first instance court prior to remand, only the Plaintiff U was appealed against the Plaintiff, and only the Defendant appealed against the Defendant among the judgment of the first instance court prior to remand. The Supreme Court reversed and remanded only the part against the Defendant among the judgment of the first instance court prior to remand, and dismissed the Plaintiff U’s appeal.

Therefore, the part against the plaintiffs in the judgment before the remand was separated and finalized, and the scope of the trial after the remand is limited to the part against the defendant in the judgment before the remand.

2. The reasoning of this court concerning the occurrence of the underlying facts and the occurrence of liability for damages is as stated in the first instance judgment and the second instance judgment, except for the following modifications. Therefore, this Court shall accept it as it is in accordance with the main text of Article 420 of the Civil Procedure Act.

From Nos. 9 to 4 of the judgment of the first instance court, the amended "Plaintiff F,O, U (hereinafter "the Defendants related to this case") filed a claim for criminal compensation with Seoul High Court 2010co23 on November 3, 2010, which became final and conclusive on August 8, 201 with respect to Plaintiff F on August 18, 201, and with respect to Plaintiff F, Plaintiff F, and U on August 19, 201, respectively. Accordingly, Plaintiff F, 347,37,200 won, Plaintiff F, and Plaintiff C, and Plaintiff C, 347,706,00 won, and 35,510.

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