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(영문) 대전지방법원 2018.12.11 2018나3784
채무부존재확인
Text

1. The part concerning property damage among the principal claim and counterclaim claim in the judgment of the court of first instance shall be modified as follows.

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial, the Plaintiff filed a claim against the Defendant for a counterclaim seeking confirmation that the Plaintiff’s liability for damages against the Defendant in relation to the instant accident did not exceed KRW 428,00,00. The Defendant filed a claim against the Plaintiff for a counterclaim seeking payment of KRW 371,363,805 and damages for delay. On February 21, 2014, the court of first instance recognized the Plaintiff’s liability for damages against the Defendant for property damage amounting to KRW 51,55,19 and KRW 7,555,199 in total, KRW 58,55,199 in total, KRW 58,55,199 in total, and KRW 58,55,19 in total, KRW 55,19 in total, and KRW 58,50 in total, KRW 500 in total, and KRW 58,501 in total, KRW 15,000 in total, KRW 505 and KRW 18581 in total.5.

3. On June 15, 2018, both the Plaintiff and the Defendant filed an appeal against the judgment before remanding the case, and the Supreme Court rendered a judgment dismissing the Defendant’s appeal, on the ground that this court applied the realization rate of a single-age pension exceeding 20 on the ground that this court applied the realization rate of a single-age pension exceeding 20 on the ground that this court applied the realization rate of a single-age pension more than 20 on the part of the main claim of the judgment before remanding the case and the counterclaiming claim, and that this court reversed the part of property damage and remanded the case to this court.

B. According to the scope of the judgment of this court, the remaining part of the claim before the plaintiff and the defendant's remand, excluding the property damage which was reversed and remanded, i.e., the consolation money portion already determined by the judgment of remand, is excluded from the object of the judgment of this court. Thus, the scope of the judgment of this court after remand

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