(영문) 서울중앙지방법원 2019.10.04 2019나39378

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2019.10.04 2019나39378

구상금

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1. The judgment of the court of first instance is modified as follows.

The defendants are jointly and severally liable to the plaintiff for 6,895,000 won and 2.0 thereof.

Reasons

1. Scope of adjudication of the original court after remand; and

A. In filing the instant lawsuit against the Defendants, the Plaintiff sought payment of KRW 7,880,00 [the amount of KRW 4,721,600 [the amount of KRW 3,158,400 [the amount of KRW 4,721,60] and damages for delay. As to this, the first instance court jointly issued to the Defendants for payment of KRW 6,895,00 [the amount of KRW 4,131,400 [the amount of KRW 4,131,400 [the amount of KRW 2,763,60] and damages for delay, and issued a judgment dismissing the remainder of the claims against the Defendants by the Plaintiff.

B. As to this, the Defendants appealed the part against the Defendants among the judgment of the first instance, and appealed to the purport that they seek the dismissal of the Plaintiff’s claim against the Defendants corresponding to the revoked part.

C. The court of the first instance prior to the remand accepted part of the Defendants’ appeal, and rendered a judgment that dismissed the Plaintiff’s claim against the Defendants, which constitutes the revoked part, in excess of 3,777,266 won of the first instance judgment (=property damage (actual income) 1,013,666 won 2,763,60 won), and damages for delay.

With respect to the judgment of the party before remanding, only the plaintiff filed an appeal against the judgment of the party before remanding, and the judgment of remanding has reversed the part against the plaintiff and remanded the case to the court below. Accordingly, the part concerning the plaintiff's winning of the judgment before remanding the case [the part concerning the claim for property damage (actual income) 1,013,66, and the claim for consolation money 2,763,60 won] is finalized by the judgment of remanding the case, and 3,117,734 won (actual income) which is the part against the plaintiff among the judgment of the party before remanding the case (the part concerning the claim of KRW 4,131,40 as cited in the judgment of the court of first instance - KRW 4,131,40 as cited in the judgment of the party before remanding the case - KRW 1,013,666 as the case

2. Basic facts

A. The Plaintiff between D Co., Ltd. (hereinafter “D”) and the insured, and the period of insurance from November 30, 2015.

유사 판례

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