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(영문) 서울고등법원 2018.08.21 2017나28544
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' preliminary claims modified by this court prior to the remand are all the conjunctive claims.

Reasons

1. In the first instance court, the Plaintiffs filed a claim for the respective transfer money against the Defendant, and the first instance court dismissed all the Plaintiffs’ claims.

As to this, both the plaintiffs and the defendant appealed, and before the remanding of the case, the court changed the lawsuit that the plaintiffs filed the initial claim to add the full amount claim to the conjunctive claim. The court rejected the plaintiffs' primary claim, but the court accepted the remaining part of the conjunctive claim except the partial damages for delay.

As to this, only the Defendant appealed, and the judgment of remand reversed the part against the Defendant regarding the conjunctive claim in the judgment prior to remand and remanded to this court.

Therefore, since the part of the plaintiffs' claim for the entire amount that is not subject to reversal and return is separated and finalized at the same time as the judgment of remand on the claim for the entire amount received in the preliminary combination, the scope of this court's judgment after remand is limited to the claim for the preliminary claimant.

2. Basic facts

A. On May 27, 2009, D filed a lawsuit against the Defendant seeking divorce and division of property, etc. under the Seoul Family Court Decision 2009DD 4725 on May 27, 2009, and the Defendant filed a counterclaim against D on August 13, 2009 to seek divorce and consolation money, etc. (hereinafter “instant divorce lawsuit”).

(2) On June 1, 201, the Seoul Family Court (Seoul Family Court) divorced from D with the Defendant regarding the instant divorce lawsuit.

② The Defendant shall pay D, as consolation money, 30,000,000 won with 5% per annum from July 11, 2009 to June 1, 201, and 20% per annum from the following day to the day of complete payment.

(3) The defendant shall pay D property division of 565,00,000 won and the amount payable fully from the day immediately after the judgment becomes final to the day of full payment.

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