logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.29 2017나497
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Scope of the deliberation of the political party;

A. The following facts are apparent in the process of the litigation:

1) The Plaintiff and the Defendant Joint Defendant A (hereinafter “A”) of the first instance trial prior to the remanding.

(2) On September 8, 2016, A filed a lawsuit claiming reimbursement of KRW 46,428,950 of the above money and delay damages therefor jointly and severally with A. The court of first instance partly accepted the Plaintiff’s claim on December 10, 2015. (2) The Plaintiff and the Defendant appealed against the judgment of the first instance court. On September 8, 2016, the court of first instance accepted the Defendant’s appeal partially with respect to KRW 10,39,639 of the judgment of the first instance, jointly with A, and jointly with the Plaintiff from June 27, 2014 to September 8, 2016, and the part of the Plaintiff’s appeal against the Defendant and the remainder of the Plaintiff’s appeal against A are dismissed.

3) Of the judgment prior to remand, the Defendant filed an appeal regarding the part ordering the payment of KRW 6,965,484 and delay damages therefor. On December 29, 2016, the Supreme Court accepted the Defendant’s final appeal and reversed and remanded the part against the Defendant in the judgment prior to remanding, which was the above 6,965,484 won and delay damages therefor. (B) The part dismissing the Plaintiff’s claim against A in accordance with the scope of the judgment prior to remand, and the part dismissing the Plaintiff’s claim in excess of KRW 10,39,639,639 among the Plaintiff’s claim against the Defendant, and KRW 3,434,155 won (i.e., KRW 10,39,639 - KRW 6,965,484, and any delay damages therefrom, which were all determined by the judgment prior to remand.

Therefore, the scope of the trial of the party after remand is limited to the above 6,965,484 won and damages for delay of the judgment of the party before remand.

2. Basic facts

A. A. June 25, 201

arrow