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(영문) 서울중앙지방법원 2015.12.09 2015나31642
손해배상
Text

1. Pursuant to the conjunctive claim changed in the trial before remand, the defendant shall pay to the plaintiff KRW 33,000,000, and this shall apply to the plaintiff.

Reasons

1. In a case where the plaintiff's main claim is dismissed after remanding the case, and the plaintiff appealed only to the appellate court's judgment prior to remanding the plaintiff's main claim, and the plaintiff did not appeal to the appellate court. The appellate court's propriety of judgment of the appellate court prior to remanding the main claim is not subject to investigation of the appellate court and only the conjunctive claim is subject to adjudication of the appellate court prior to remand. Thus, if the appellate court reverses and transmits the appellate court's judgment prior to remanding the main claim, the appellate court's judgment of the appellate court's decision of the appellate court is finalized at the same time as the judgment of the appellate court reversed and remanded the conjunctive claim, and the scope of the appellate court's judgment after remanding the main claim is limited to the conjunctive claim (see Supreme Court Decision 2001Da6213, Dec. 24, 2001).

As the Defendant appealed only against this, the judgment of the first instance court prior to the remand, and the case is reversed and remanded to this court, the main claim changed from the first instance court prior to the remand was made final and conclusive at the same time as the judgment of the court of final appeal was rendered, and thus, the judgment of the first instance after the remand.

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