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(영문) 대구고등법원 2016.04.20 2014나22292
임대차보증금등
Text

1. The plaintiff corporation among the judgment of the court of first instance, including the succession participation in the trial and the intervention of an independent party.

Reasons

1. The plaintiff filed a claim for lease deposit of 200,000,000 won against the defendant company and the co-defendant B, D, and E (hereinafter "the defendant"), the claim for overdue rent of 110,000,000 won for the defendant company, the claim for damages due to the illegal act of each of the machinery of this case, or the claim for unjust enrichment of 117,000,000 won for the delivery of corporeal movables, and the joint defendant B filed a claim for a loan against the plaintiff as a counter-claim. The court of first instance rejected the plaintiff's claim for payment of 117,00,000,000 won for damages due to the illegal act of each of the machinery of this case and rejected the plaintiff's claim for payment of corporeal movables in whole (the part of the claim for payment of unjust enrichment relating to the illegal act of this case and the claim for payment of unjust enrichment of 10,000 won for rent and unjust enrichment of 100,000 won for each of the plaintiff.

However, the plaintiff and the co-defendant B, D, and E did not appeal against the judgment of the first instance court, and only the defendant company appealed against the defendant company in the judgment of the first instance.

Therefore, the subject of adjudication on the party shall be limited to the portion of the principal lawsuit against the defendant company (i.e., damages for unlawful acts on each of the instant machinery, or to the portion of the claim for unjust enrichment of KRW 117,000,000,000, or unjust enrichment of KRW 78,350,000) and the portion of the claim for delivery of corporeal movables (the portion of the claim against the plaintiff among the principal lawsuit, and the portion of the counterclaim claim related to KRW 200,00,000, which is the part against the plaintiff, are excluded from the subject of adjudication on the party). 2.

A. The Plaintiff (the Plaintiff on September 30, 2009) (the status of the persons involved in the instant case)

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