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(영문) 서울고등법원 2015.10.16 2015나12873
예금채권반환
Text

1. Of the plaintiffs' preliminary claims added by the first instance court prior to remand, the part cited by the first instance court prior to remand is remanded.

Reasons

1. After remanding the case, the plaintiffs at the trial before remanding the case, the plaintiff at the trial before the remanding the case, alleged that the defendant refused to pay the pledge created on the deposit claim against the defendant who is the garnishee, and set off the deposit claim against the pledger with the opposing claim against the pledger. If the exercise of the pledge is illegal, the plaintiff first seek damages arising from tort due to the defendant's breach of the duty of disclosure under the principle of good faith, and the second claim for damages arising from tort due to the defendant's violation of the duty of disclosure under the Banking Act.

The court prior to the remand rendered a judgment that dismissed the plaintiffs' primary claim, and upon the first preliminary claim, "the defendant shall pay to the plaintiffs 150,000,000 won with 5% per annum from March 28, 201 to November 16, 201, and 20% per annum from the next day to the date of full payment", and only the defendant appealed against this judgment. The Supreme Court reversed only the part against the defendant as to the conjunctive claim in the judgment prior to the remand, and remanded to the party member.

In a case where the defendant only filed a final appeal against the judgment of the appellate court which partly accepted the plaintiff's main claim while dismissing the plaintiff's main claim, and the plaintiffs did not appeal against the main claim, the legality of the appellate court's judgment against the main claim shall not be subject to investigation by the court of final appeal, but only the part against the defendant among the conjunctive claims before remanding the case shall be subject to adjudication by the court of final appeal. If the defendant's final appeal is justified, the court of final appeal shall reverse only the part against the defendant's main claim among the judgment of the appellate court before remanding the case, and the main claim

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