(영문) 서울고등법원(춘천) 2020.10.21 2019나51688

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Reasons

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자간(%)

(영문) 서울고등법원(춘천) 2020.10.21 2019나51688

구상금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. The Plaintiff claimed at the first instance court for the payment of KRW 645,00,00 for the Defendant and its delay damages. The first instance court accepted only the claim for KRW 322,158,913 and its delay damages and dismissed the remainder of the claim.

Accordingly, the part against the plaintiff is excluded from the scope of the trial of this Court because only the defendant has appealed against the part against the defendant.

Therefore, among the judgment of the court of first instance, the part of the judgment dismissing the part of the defendant joining the defendant's claim against the defendant ("third subrogation claim") by subrogation of the defendant joining the defendant is excluded from the scope of the judgment of this court.

2. The reasoning for this part of the judgment of this court is as follows: “1.....” for the last two parallels, “1....” for the following two parallels, “2..” for the following three parallels, “2..” for “2....” for “3, 4.” for “3, 8, and 4.5 parallels “(a)” for “1....” for “3, 3 and 4.0 parallels “3 and 10 parallels” for “2.” for “3, 147 parallels “147,” “143 parallels” for “139,” “4,” and “4.0 parallels” for “4 and 4.0 parallels” for the corresponding part of the judgment of the first instance except for the modification of “2 to 4.5 parallels” for “4 and 10 parallels” for “4.

3. The parties' arguments and arguments

A. The reasoning for this part of the judgment by the Plaintiff is as follows: “A.” in the last 4th sentence; “B.” in the 5th sentence; “B.” in the 5th sentence; “A.” in the 5th sentence; “B.” in the 6th sentence “B” in the judgment of the first instance except for the modification of “A.” in the 6th sentence to “B.”; “B.” in the 6th sentence, “B.” in the corresponding part of the judgment of the court of first instance (from the last 4th to the 6th 8th eth eth eth eth eth).

B. Defendant 1) The amount of indemnity of this case, which is the preserved claim, prior to the merits.

참조조문

-민사소송법 제420조

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