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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The Plaintiff, subject to the judgment of the court of first instance, sought a distribution of remaining property on the ground that the partnership agreement was terminated, and the Plaintiff added a claim for distribution of profits, etc. pursuant to the partnership agreement, under the premise that the partnership agreement remains in existence around June 30, 2009 from the court of first instance prior to remand, and subsequently amended the claim to seek a preliminary claim for distribution of the above remaining property, and the court prior to remand dismissed the Plaintiff’s primary claim and partly accepted the preliminary claim.
As to this, only the plaintiff filed an appeal against the losing part. The Supreme Court dismissed the appeal against the plaintiff's main claim, accepted only the appeal against the conjunctive claim, and reversed the part against the plaintiff in the judgment of the court prior to the remanding part, and remanded the case to this court.
Therefore, not only the aforementioned primary claim but also the part of the preliminary claim that the plaintiff won in the judgment before remanding the case is ordered to pay 21,945,442 won and 5% per annum from July 13, 2007 to February 9, 201, and 20% per annum from the next day to the date of complete repayment.
all became final and conclusive separately.
Therefore, the subject of adjudication by this court (see, e.g., Supreme Court Decisions 90Da18036, May 24, 1991; 96Da2187, Apr. 14, 1998) is limited to the part of the judgment of the party before remanding (a claim for distribution of remaining property following the termination of the partnership agreement).
2. The following facts do not conflict between the parties, or there is evidence Nos. 3 through 7, evidence Nos. 8-1 through 5, evidence Nos. 9, 10, 14, evidence No. 15-1, 2, evidence No. 16-1 through 6, evidence No. 32, 33, 39, evidence No. 75-1, 2, A, 91, 92, 94, evidence No. 95-1, 2, A, 102, 103, evidence No. 1-1, 2, Eul evidence No. 2, 2, and 3, evidence No. 5-1, 2, and 5-1, 2, and 5-1, 2, respectively.