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(영문) 서울고등법원 2018.11.09 2017나2071773
손해배상(기)
Text

1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff who is ordered to pay below.

Reasons

1. Scope of trial of the political party after remand;

A. In the first instance trial, the Plaintiff filed a claim for damages against the Defendant, who was the representative director of A, C, and full-time audit committee of A (hereinafter “A Bank”) and the former director E.

The first instance court accepted part of the plaintiff's claim against B, C, and E, and dismissed the defendant's claim against the defendant.

B. Accordingly, the Plaintiff appealed on the part against B, C, and E and the part against the Defendant, and appealed on the part against B, C, and E.

C. Prior to remand, the court recognized that the Plaintiff’s claim against CX et al. was partially accepted for the amount of KRW 1,000,000,000,000 inherited property inherited from the deceased B to CX, CY, and CZ (hereinafter “CX et al.”) following the death of B (the amount of KRW 3,473,40,000,000 recognized for B in the first instance trial).

With respect to E, some appeals were accepted, and reduced to 54,000,000 won which is the quoted amount in the first instance trial, and 20,000,000 won were accepted and partly accepted.

C accepted C’s appeal, and revoked the part against C in the judgment of the first instance, and dismissed the Plaintiff’s claim.

In addition, all appeals filed by the plaintiff against the defendant, C, and E were dismissed.

Accordingly, the Plaintiff appealed to the part against CX et al. and the part against the Defendant, and the part against CX et al. were also appealed.

E. As to the part regarding CX et al., the Supreme Court did not specify the claim amount by each damage claim while claiming part of multiple damage claims. The court below should order the plaintiff to specify the claim amount by each damage claim, thereby specifying the amount by each damage claim. Accordingly, the court below should have dismissed the lawsuit if the plaintiff does not comply with the order of correction. The court below did not take such measures.

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