(영문) 서울고등법원 2015.02.05 2014나40185

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(영문) 서울고등법원 2015.02.05 2014나40185

추심금

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1. Of the judgment of the first instance court, the part that became final and conclusive by the judgment of remand (Supreme Court Decision 2012Da91385 Decided July 24, 2014) is excluded.

Reasons

1. After remand, the judgment of the court of first instance, which fully accepted the Plaintiff’s claim, was revoked in part, and dismissed the Plaintiff’s claim corresponding to the revoked part, while the Defendant’s remaining appeal was dismissed.

Therefore, the Defendant appealed against the Defendant among the judgment of the party before remanding the case, but the judgment of remanding the case was reversed and remanded only to the Plaintiff, among the judgment of the party before remanding the case, the part against the Defendant ordering payment exceeding the amount equivalent to 5% per annum from September 23, 201 to September 19, 2011, and 20% per annum from the next day to the date of full repayment. The Defendant’s remaining appeals were dismissed.

Therefore, among the part against the plaintiff in the judgment of the party before remanding the case, the part against the plaintiff and the part against the defendant in the judgment of the party before remanding the case shall be 143,722,935 won and 5% per annum from September 23, 201 to September 19, 2011, and 20% per annum from the next day to the day of complete repayment. The part against the defendant, except the part finalized by the judgment of remanding the case, shall be subject to the judgment after remanding the case.

2. Basic facts

A. The Plaintiff’s claim 1 against TBS Construction Co., Ltd. (hereinafter “TBS”) on September 22, 2009

2) On the other hand, the Plaintiff filed a lawsuit against the Plaintiff seeking reimbursement of debt acquisition amount of KRW 91,00,000 and damages for delay. The cause of the lawsuit is “TBS” as “the instant building” (hereinafter referred to as “instant building”) under the Plaintiff’s permanent residence, instead of paying the debt acquisition amount of KRW 91,00,000,00 from November 4, 2003 to June 11, 2004.

No. 703.

참조판례

-대법원 2014. 7. 24. 선고 2012다91385 판결

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