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(영문) 대구고등법원 2016.03.24 2015나2875
구상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The judgment of the court of first instance on the scope of the trial on the grounds of the Plaintiff’s claim as to KRW 14,640,000 as of December 13, 2013 among the subrogated payment of KRW 154,395,00 and the delayed payment of KRW 154,395,00 in the penalty for delay shall be dismissed, and the remainder of the claim shall be accepted.

However, among the part against the plaintiff in the judgment of the court of first instance, the plaintiff filed an appeal only against the claim for reduction of 154,395,000 won out of the penalty for delay, and the remaining claim for subrogation of 14,640,000 won on December 13, 2013 did not file an appeal. The defendant filed an appeal regarding the part against the defendant in the judgment of the court of first instance.

Therefore, among the plaintiff's respective claims in this case, a claim concerning 14,640,000 won by subrogation on December 13, 2013 was excluded from the subject of a trial at the trial at the court, and only the remainder of the claims remains subject to a trial at the court.

2. The reasoning of the court's explanation of this case is the same as that of the part concerning the reasoning of the judgment of the court of first instance, thereby citing this case by the main text of Article 420 of the Civil Procedure Act.

3. In conclusion, the judgment of the first instance is justifiable, and all appeals by the plaintiff and the defendant are dismissed. It is so decided as per Disposition.

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