(영문) 대구고등법원 2017.04.12 2016나26038

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(영문) 대구고등법원 2017.04.12 2016나26038

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. After remanding the case, the plaintiff filed a claim against the defendant and the co-defendant B of the first instance trial for the payment of the amount claimed. The first instance court dismissed all the plaintiff's claims, and the court prior to remanding the plaintiff's appeal rendered a judgment that "the defendant shall pay to the plaintiff 280,000,000 won and the amount calculated at the rate of 5% per annum from May 4, 2013 to May 27, 2014, and 20% per annum from the next day to the date of full payment, and the plaintiff's loss against the defendant corresponding to the money shall be revoked, and the plaintiff's remaining appeal against the defendant and the appeal against B shall be dismissed."

As to this, only the Defendant appealed (the part as to B of the judgment of the Korea Exchangeed Party). The judgment of remanding was reversed and remanded to this court, on the ground that the Plaintiff’s claim against the Defendant against the Defendant was “misunderstanding the legal principles as to the State’s liability for damages caused by the judgment, which affected the conclusion of the judgment.”

Therefore, the plaintiff's claim against B has already been confirmed, and the scope of trial after remand is limited to the claim against the defendant.

2. Basic facts

A. On March 23, 2005, the Plaintiff leased to C a sum of KRW 350 million, including KRW 150 million on February 10, 2006, KRW 100 million on February 22, 2006, KRW 350 million on interest, KRW 1% per month, and the period of the lease was determined as “D (the name of E is changed on October 13, 2009; hereinafter the same shall apply) which is the vessel owned by C and the vessel owned by the Plaintiff during the joint fishing operation.” On February 8, 2006, the Plaintiff was set as a collateral security (hereinafter “instant collateral security”) with respect to the instant vessel, with the maximum debt amount of KRW 400 million on the instant vessel.

B. On April 12, 2007, the Plaintiff, based on the instant right to collateral security, claimed the principal of the said loan amounting to KRW 350 million and interest for delay.

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