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1. Of the judgment of the first instance court, the part that became final and conclusive by the judgment of remand (Supreme Court Decision 2016Da211361 Decided May 30, 2019) is excluded.
Reasons
1. After remanding, the Plaintiff sought, at the first instance court, payment of the amount of subrogated payment and damages for delay, such as the statement in the remaining remaining balance Nos. 1 through 18 attached hereto, against the Defendant (appointed parties, hereinafter “Defendant”) and the appointed parties.
On April 2, 2015, the court of first instance rendered a judgment to dismiss the remainder of the claims by citing Nos. 57,013,438 won (i.e., Nos. 1 22,295,838 won) Nos. 3 19,541,50 won No. 6,563,700 won No. 7 No. 8,204,90 won No. 12, 166,00 won No. 396,00 won) and damages for delay.
On April 24, 2015, the Plaintiff filed an appeal against the above judgment of the first instance court, and the Defendant and the designated parties filed an incidental appeal on September 1, 2015.
Before remanding, this Court accepted the offset defense by the defendant and the selector on January 14, 2016, and rendered a judgment of the first instance court of the judgment (i.e., 21,171,079 won Nos. 3 19,541,50 won No. 6,563,700 won No. 7 No. 8,204,90 won No. 12, 16,500 won No. 12,50 won No. 16,396,00 won), and damages for delay against the defendant and the selector, and rendered a judgment of the court of the first instance that dismissed the plaintiff's appeal corresponding to the revoked part and all remaining incidental appeals by the plaintiff and the defendant and the selector.
Accordingly, the Plaintiff appealed against the judgment before remand on February 5, 2016 and appealed. On May 30, 2019, the Supreme Court reversed the part against the Plaintiff, 1,689,610 won (i.e., No. 1,653,850 won No. 4 No. 1,653,850 won) of the part against which the Plaintiff lost prior to remand, and the part concerning delay damages therefor, and sentenced the said part to this court, and remanded it to the court and dismissed the remainder of the Plaintiff’s appeal.
Therefore, the judgment of remanding the part against the plaintiff of the judgment of the court of first instance, excluding the part of KRW 1,689,610 and the part of the delay compensation therefor, is finalized as it is.