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(영문) 서울고등법원 2015.08.18 2015나1187
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The Defendants are responsible for total costs of the lawsuit following the filing of a lawsuit.

3...

Reasons

1. In the first instance court’s trial scope, the Plaintiff as the principal lawsuit against the Defendant C, and the Plaintiff B filed a claim against Defendant D, F, and E for the agreed amount of agricultural loss compensation expenses, the agreed amount of each agricultural loss compensation expenses, and the rent and fee for agricultural machinery use against Defendant D, F, and F. Defendant C filed a claim against the Plaintiff for the return of preserved subsidies, such as each rice income, against the Plaintiff, and the Defendant D, and E filed a claim against the Plaintiff B for the return of preserved subsidies. The first instance court accepted the claim against the Plaintiff for the agreed amount of compensation for agricultural loss, but dismissed all the Plaintiff’s claim against Defendant D, F, and the Defendants’ counterclaim.

With respect to the claim of the Plaintiff B for rent and fee for agricultural machinery use in the principal lawsuit, the Defendants appealed against the part concerning the claim of the agreed amount regarding the compensation for farming loss in the principal lawsuit, as to the counterclaim by Defendant C, D, and E.

In the judgment of the court of first instance, the part against Defendant F regarding the principal lawsuit against Defendant C and E was revoked, and the part concerning the principal lawsuit against Defendant C and E was dismissed. Of the part concerning the principal lawsuit of the court of first instance, the part against the above defendant who ordered Defendant D to pay in excess of KRW 19,522,500 for rent and fee for agricultural machinery and equipment, and delayed payment thereof, among the part concerning the principal lawsuit of the court of first instance, the part against the above defendant which ordered Defendant C to pay in excess of the amount of KRW 19,52,50 for the principal lawsuit against the plaintiff B, and dismissed the plaintiff B's claim for the principal lawsuit corresponding to the revoked part, and dismissed the counterclaim against the plaintiff A and the counterclaim against the plaintiff C, which were raised in the judgment before the remand, respectively.

On the other hand, the plaintiffs appealed to the part on the claim for the agreed amount of agricultural loss compensation among the principal lawsuit, as to the counterclaim part by Defendant C and E.

The Supreme Court has reversed the part of the judgment prior to the remanding of the case on the claim for the agreed amount concerning the compensation for farming losses among the part against the plaintiffs in the main lawsuit.

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