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(영문) 서울고등법원 2017.05.12 2016나2019310
손해배상(기)
Text

1. Of the main part of the lawsuit by the Plaintiff (including the counterclaim) against the Defendant (including the counterclaim) in the judgment of the first instance.

Reasons

1. Following the procedures of this Court’s decision of recommending reconciliation, withdrawal of appeal, withdrawal of lawsuit, etc., only DB and DC among the plaintiffs stated in the complaint were left as the plaintiff of this Court.

The Plaintiffs filed a claim against the Defendants for damages due to nonperformance or tort on the part of the Defendants.

On the other hand, Defendant DF Co., Ltd. (hereinafter “DF”) filed a counterclaim against the Plaintiffs for the payment of the remainder of balcony expansion costs and repayment of the substitute payment, and Defendant Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) filed a counterclaim against the Defendants regarding the equal amount of the principal claim out of the amount claimed as a counterclaim. The Defendants asserted that the above set-off effect extends to the remaining Defendants.

The first instance court accepted part of the plaintiffs' claims against the defendants, rejected the offset defense against Defendant DF, Korea Asset Trust, and accepted part of the counterclaim claim against Defendant DF, Korea Asset Trust.

The part of the judgment of the court of first instance concerning the main claim of the Defendants was appealed (the petition of appeal was dismissed by acknowledgement and correction after the plaintiff filed an appeal), and among the counterclaims against the defendant DF and the Korean Asset Trust, the part concerning the counterclaims against which the claim was set-off in the court of first instance constitutes a preliminary counterclaim because its nature constitutes a preliminary counterclaim. Thus, where this court accepted the counterclaim of set-off and dismissed the plaintiff's claim of the main claim, the part corresponding to the preliminary counterclaims among the counterclaims against the defendant DF and the Korean Asset Trust among the judgment of the court of first instance,

2. Determination as to the claim on the principal lawsuit

A. The main points of the facts and the plaintiffs' assertion are as follows, with the exception of those stated in this part as follows, the part pertaining to the plaintiffs in the judgment of the court of first instance (19 5 e.g., 5 e., e., 23 7).

[Attachment] Under 19, Defendant DK’s “Defendant DK” is considered as Defendant Korea Asset Trust.

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