The scope of the review and judgment of the court remanded from the final appeal

Where only a part of the judgment of the court below has been reversed and remanded, and the appeal of the final appeal has been dismissed, the court which has received the remand shall not render another judgment on the remaining part.

Article 406 of the Civil Procedure Act

Plaintiff 1 and one other

Korea

Seoul High Court Decision 68Na2572 delivered on February 7, 1969, Seoul High Court Decision 68Na2572 delivered on February 7, 1969

(1) Of the original judgment, the part concerning consolation money shall be reversed. The lawsuit concerning consolation money shall be terminated as a final judgment by a party member on November 5, 1968. The costs of appeal for consolation money before and after the remand of party members as to the preceding paragraph shall be borne by the Plaintiffs.

(2) The appeal on property damage is dismissed, and the costs of appeal are assessed against the defendant.

(1) We examine the grounds of appeal by Defendant Litigation Performers Lee Young-hoon

Since the part concerning property damage in the original judgment among the original judgment cannot be found to be erroneous even after examining it with a single record, the part concerning property damage in this case's final appeal shall be dismissed as it is groundless.

(2) According to the records, the court below prior to the judgment of remanding at the party members, each recognized the amount of damages caused by the loss of benefits that could have been sustained by the deceased non-party 1 due to non-party 2's negligence in the performance of his duties and the amount of consolation money as mental damage caused by the deceased's parents, and the judgment that the above deceased's parents already received or should be paid after deducting the deceased's death benefits and the bereaved family's bereaved family's annual amount from the above material damages, but the above judgment of the court below was unfair. Thus, the above judgment of the court of final appeal did not err by the deduction from the above physical damages of the bereaved family and the deceased's annual amount of consolation money, but it is evident that the above judgment of the court of final appeal dismissed the part of the judgment of the court below as to the damages caused by the death of the deceased non-party 1 due to the death of the deceased non-party 2 and the consolation money recognized by the previous judgment (the consolation money shall be paid 50,000 won to the plaintiff).

Therefore, the part that reversed the original judgment in the previous party members and remanded to the original court is only reversed and remanded to the original court, and the lawsuit on consolation money shall be brought to the court below that the party members dismissed the appeal by the plaintiffs on November 5, 1968 (Dismissal of Appeal as to consolation Money), and the lawsuit on consolation money shall have already been completed, and even though the lawsuit on this part shall have already been completed, the court below shall not be erroneous in finding that the part on consolation money was reversed and remanded even to the part on consolation money, in other words, it shall be deducted from consolation money for soldiers' death benefits and bereaved family members' compensation already received.

The part concerning consolation money among the original judgment is to be reversed without having to make a judgment on the argument of the Round, and the part is to be reversed by being unjust, and that is, the declaration of termination of the lawsuit is already terminated as mentioned above.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

The judges of the Supreme Court (Presiding Judge)