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(영문) 서울남부지방법원 2016.10.13 2015나58797
구상금
Text

1. All appeals filed by the Defendants and applications filed for the return of provisional payments by the Defendant interesting country fire and marine insurance company are dismissed.

Reasons

1. The reasoning for the court’s explanation on the instant case is as stated in the judgment of the court of first instance, except for adding the judgment on the Defendant’s claim for the provisional payment by the Korea Fire & Marine Insurance Co., Ltd. (hereinafter “Defendant He Interest Co., Ltd.”), and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Judgment as to the claim for the return of provisional payment] Defendant interesting fire paid KRW 85,682,273 in total to the Plaintiff on November 4, 2015 in accordance with the judgment of the provisional execution sentence of the first instance court. The judgment of the first instance asserts that the judgment of the first instance should be revoked in part in the trial, and that the Plaintiff should return to Defendant interesting fire the amount exceeding the judgment amount cited in the trial among the money received from Defendant interesting fire.

The application for the return of the provisional payment of the Defendant interesting fire is based on the premise that the part against the Defendant interesting fire in the first instance judgment is revoked in whole or in part, and there is no part revoked in the trial. Therefore, the application for the return of the provisional payment of the Defendant interesting fire is without merit.

2. If so, the judgment of the court of first instance is legitimate, and the appeal by the defendants and the application for the return of provisional payments by the defendant interesting country fire are dismissed in its entirety as it is without merit

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