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(영문) 춘천지방법원 2017.01.06 2016나1018
배당이의
Text

1. The part against Defendant B in the judgment of the first instance shall be modified as follows:

The instant lawsuit against Defendant B is in the middle of the lawsuit.

Reasons

1. The Plaintiff sought at the original complaint that the amount of 90,00,000 won for Defendant B be KRW 86,476,022, KRW 90,000 for the dividend amount to Defendant C, KRW 12,141,775 for the Plaintiff, and KRW 12,65,75 for the amount of dividends to the Plaintiff, respectively, KRW 105,753 for the Plaintiff, but the court stated that the amount of dividends to Defendant B was KRW 90,00,000 for the amount of dividends to Defendant C, KRW 90,00,000 for the amount of dividends to the Defendant C, KRW 12,141,775,00 for the amount of dividends to the Plaintiff, KRW 65,675,753 for each of the claims for correction from the original complaint on October 15, 2015, it was evident that the court made a statement on the claim for correction from the original complaint on the date of pleading.

As the plaintiff's claim against the defendant B is a single claim based on the same cause of claim, which is not permitted by its nature to render a partial judgment only on the part of the same cause of claim. As such, the part omitted in the court of first instance cannot be deemed to remain pending in the court of first instance independently from the remaining part of the judgment. Thus, if an appeal is filed against this, it shall not be corrected by an additional judgment in the court of first instance, and the part omitted shall be

On the other hand, with respect to the part of the plaintiff's petition for correction at the original complaint, the first instance court accepted the entire complaint, and the defendant did not appeal against this part. The part in favor of the plaintiff does not fall under the scope of the trial at the original complaint. Accordingly, the scope of the trial at the first instance court's judgment is "the part that, with the omission of the judgment of the first instance court, requests correction of the amount of 90,000,000 won for defendant B to the extent that the plaintiff sought correction at the original complaint at 86,476,022, the amount of dividends of 12,141,75 won for the plaintiff's amount of dividends exceeds 15,65,753 won, namely, the part that the plaintiff sought correction at the original complaint at 15,65,753 won."

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