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(영문) 부산고등법원(창원) 2017.09.21 2016나25501
방음설비설치
Text

1. The judgment of the first instance, including the plaintiffs' claims extended or reduced in the appellate court prior to remand.

Reasons

1. After remand, the remaining Plaintiffs, except the Plaintiff C, extended the purport of the claim in the appellate court before remanding the case, and Plaintiff C reduced the purport of the claim in the appellate court before remanding the case.

Before remanding, the appellate court partially accepted the plaintiffs' claims, including extended or reduced claims, and changed the part concerning the plaintiffs in the judgment of the first instance, and only the defendant appealed against this.

The Supreme Court reversed and remanded only the part against the defendant who partly accepted the plaintiffs' claims in the appellate judgment before remand.

Therefore, the remaining parts of the plaintiffs' claims that were not reversed and remanded by the judgment of remand (the part against the plaintiffs in the appellate court before remanding) were finalized by the judgment of remand.

In conclusion, the scope of this Court’s trial after remand is limited to the portion of the claim partially accepted by the Plaintiffs in the appellate court before remanding (the part against the Defendant ordering the Plaintiffs to pay 5% interest per annum from May 1, 2014 to July 24, 2014, and 20% interest per annum from the next day to the date of full repayment).

2. The reasoning for the court’s explanation on this part of the basic facts is as stated in the corresponding part of the judgment of the first instance except for the dismissal as follows. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

The term “Defendant Changwon-si” means “Defendant,” “Defendant Future Construction,” “Defendant Future Construction,” and “Defendant Future Construction,” respectively, and “Defendants” means “Defendant and Defendant Future Construction,” and “Defendants Future Construction,” respectively.

5 The 5th upper group of votes will be moved to the next parallel of traffic volume: 2 below.

5 The "Hunting ground" of the 4th parallel 1st parallel 4th parallel shall be raised into a "forest belt".

3. The plaintiffs' assertion is managed by the defendant.

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