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(영문) 서울고등법원 2018.09.20 2018누46621
손실보상금증액등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs are responsible for the total costs of the lawsuit after filing the appeal.

Reasons

The original purport of the plaintiffs' claim is that "the defendant shall pay to plaintiff E 17,273,30 won, 26,892,900 won, and 15% interest per annum from February 12, 2014 to the date of delivery of a duplicate of the request for the purport of this case and modification of the cause of the claim, and 5% interest per annum from the following day to the date of complete payment." The court of the first instance dismissed the plaintiff's claim that "2,375,300 won and 15% interest per annum from February 12, 2014 to October 19, 2016, 5% interest per annum from the next day to the date of complete payment, and 15% interest per annum from the next day to the date of complete payment." The plaintiff's claim was rejected with respect to the plaintiff's claim as to "2,375,300 won and 15% interest per annum from the next day to the date of complete payment." The plaintiff's claim is dismissed.

The court prior to remand cited the portion of Plaintiff E’s appeal, “14,898,00 won and the amount equivalent to 5% per annum from August 13, 2016 to March 28, 2017; 15% per annum from the next day to the date of full payment; 26,892,90 won and the amount equivalent to 5% per annum from August 13, 2016 to March 28, 2017; and 15% per annum from the next day to the date of full payment; and the remaining appeal by the Plaintiffs against the said lost portion was dismissed; and the judgment below rejected the Defendant’s appeal and remanded the part of the judgment prior to remand to this court.

Therefore, all of the remaining parts of the plaintiffs' respective claims for which the judgment of remand was not reversed were separated and finalized by the judgment of remand, and the judgment of remand was rendered before it was reversed and remanded.

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