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1. Of the judgment of the first instance, the part that became final and conclusive by the judgment of remand (Supreme Court Decision 2013Da45075 Decided May 31, 2017) is excluded.
Reasons
1. Scope of the case to be tried on the political party after its progress and remand;
A. (1) The Plaintiff filed the instant lawsuit against D Co., Ltd. (hereinafter referred to as “D”) and sought payment of “wages 284,593,332 won and damages for delay” by filing the instant lawsuit against D Co., Ltd. (hereinafter referred to as “D”).
During the trial of the first instance, the rehabilitation procedure for D was initiated, and the administrator took over the proceedings of D. On April 26, 2012, the court of first instance rendered a judgment in favor of the Plaintiff ordering the payment of “178,958,345 won and damages for delay,” and only the said administrator appealeds against it.
(2) Meanwhile, in accordance with the rehabilitation plan approved during the continuation of the first instance trial, the following was newly established: (a) the Intervenor I Co., Ltd. (hereinafter “Defendant Receiving Intervenor I”) and the Intervenor M&A Co., Ltd. (hereinafter “Defendant Receiving Intervenor R”) were newly incorporated in separate order from D Co., Ltd. to J Co., Ltd.; and (b) the trade name of the remaining company was changed to G Co., Ltd. after the division.
(3) On October 30, 2012, the Plaintiff filed an application for acceptance with the Intervenor seeking the acceptance of the G Manager’s lawsuit on October 30, 2012. On January 27, 2013, the court rendered a decision to accept part of the exchange order that “The part of the Defendant Intervenor I claims for KRW 9,305,833 and its delay damages, and the part of the claim by the Intervenor as to the Defendant Intervenor’s claim for KRW 16,106,251 and its delay damages, respectively.”
(hereinafter referred to as “previous Acceptance Decision”). In addition, based on the previous Acceptance Decision, this Court makes a claim for division of KRW 284,593,332 as “259,181,248 won to G Manager, KRW 9,305,833 won to Defendant Intervenor I, and KRW 16,106,251 won to Defendant Intervenor A, and KRW 284,593,332 = 259,181,248 won, KRW 9,305,83 won to Defendant Intervenor,” and KRW 16,106,251.