beta
Cases
2015Da75476 Amount of money taken over
2015Da75483 (Consolidated) Acceptances
Plaintiff Appellant
A
The judgment below
Seoul High Court Decision 2014Na61793, 201461809 (Joint) Decided November 17, 2015
Judgment
Imposition of Judgment
April 29, 2016
Text
The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined.
The lower court acknowledged that the Plaintiff’s claim amount against the Defendant was KRW 105,00,00 in the judgment on the cause of the claim, but recognized that the Plaintiff’s claim amount against the Defendant was KRW 74,841,40 in the judgment on the counterclaim of offset. The lower court’s judgment erred by misapprehending the facts in violation of logical and empirical rules, or by inconsistency in the reasoning, which affected the conclusion of the judgment.
Therefore, without examining the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Judges
Justices Park Jae-young
Justices Park Young-young
Justices Kim In-bok, Counsel for defendant
Justices Kim Jong-il