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(영문) 대전지방법원 2018.11.21 2018나101619
구상금
Text

1. The part against Defendant A in the judgment of the first instance is revoked.

2. Of the instant lawsuit, the Plaintiff and the Defendant A.

Reasons

1. Determination as to the claim against Defendant A

(a) Where it is found that the trial has been conducted while the lawsuit has been completed, the court shall ex officio declare the termination of the lawsuit;

(see Supreme Court Decision 2010Da103048, Apr. 28, 2011). ex officio, the part concerning Defendant A in the instant lawsuit is examined.

On December 26, 2017, the first instance court rendered a decision to recommend reconciliation that “the Defendants jointly pay KRW 1,237,361 to the Plaintiff until January 31, 2018. If the Defendants fail to pay the said money, the Defendants shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the next day of the due date until the date of full payment (hereinafter “the decision to recommend reconciliation in this case”), and the Plaintiff’s decision to recommend reconciliation on December 27, 2017, Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) (hereinafter “Defendant Samsung Fire”), and on December 28, 2017, Defendant A received each service on December 29, 2017, and only Defendant Samsung Fire Co., Ltd. submitted the aforementioned written recommendation on the said settlement on January 2, 2018, the part of the lawsuit in this case, which ought to be confirmed to be all of the Defendants’ joint-litigation between the Plaintiff and the Defendants, and Defendant 18.

Nevertheless, since the court of first instance erred in ordering this part of the judgment, the part against Defendant A among the judgment of the court of first instance shall be revoked, and the part between the plaintiff and the defendant A in the lawsuit of this case shall be revoked.

B. As to this, the Defendants delegated the Defendant Samsung Fire’s legal representative to the Defendant Samsung Fire’s legal representative, the Defendant’s written objection to the decision of recommending reconciliation in the name of the Defendant Samsung Fire is naturally submitted including the objection to the Defendant’s decision of recommending reconciliation.

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