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(영문) 대구고등법원 2016.01.20 2014나2687
투자금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. In a case where the court of first instance tried to consolidate the plaintiff's primary claim and the conjunctive claim, and only the defendant appealed against the decision that only dismissed the plaintiff's primary claim and accepted only the conjunctive claim, the effect of the appeal is naturally limited to the whole of the case and the part concerning the primary claim is transferred to the appellate court. However, regardless of the scope of the appellate court's trial, the appellate court's judgment is limited to the scope of the defendant's objection, and the primary claim cannot be subject to the appellate court's judgment that accepted the conjunctive claim, unless there is an incidental appeal by the plaintiff.

(Supreme Court Decision 94Da31624 delivered on February 10, 1995). The court of first instance partially accepted the plaintiff's claim against the defendant Eul, dismissed the plaintiff's main claim against the defendant C and partly accepted the conjunctive claim. Since only the defendants appealed, the scope of the judgment of the court of first instance is limited to the legitimacy of the part against which the defendants are dissatisfied (the part against which the plaintiff's claim against the defendant B was partially accepted and the part against which the plaintiff's conjunctive claim against the defendant C was partially accepted).

2. Basic facts

A. Defendant B was transferred KRW 3,219,90,00 from K to October 11, 201, in total as investment money, from K to K, when it met with K running a similar receiver of the J (hereinafter “J”) around July 28, 201.

B. J’s default on October 13, 201 and Defendant B’s default on October 13, 201, mean that the Plaintiff met the Plaintiff at the J office located in the Busan J office located in Jgu, Busan, J, and that the Plaintiff “B is M and is operating N.B,” that the Plaintiff paid 8% of the principal amount per day after the lapse of 45 days when an investment in electronic equipment was made, and returned the principal to the Plaintiff after the lapse of 45 days, and that 20% of the investment amount shall be paid with the profits from the sales of merchandise coupons whenever an investment in merchandise coupons was made.”

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