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(영문) 광주고등법원 2020.10.30 2020누11229
요양급여비용 환수결정취소
Text

Of the instant lawsuit, the Defendant’s “Plaintiff B, C, D, and E” against the said Plaintiffs on March 17, 2016 from June 22, 2011 to March 2013.

Reasons

1) In a case where only part of the judgment of the court of first instance against which the plaintiff dismissed several claims, the remaining parts of the judgment of the court of first instance that have not been appealed shall be prevented, and they shall be transferred to the appellate court. However, unless the plaintiff does not expand the purport of appeal by the closing of argument, the remaining parts shall not be subject to adjudication of the appellate court, and the lawsuit is terminated at the same time as the judgment of the appellate court becomes final and conclusive (see, e.g., Supreme Court Decision 2009Da35842, Jul. 28, 2011). Such legal principles apply to cases where the plaintiff appealed several claims, but the appellate court revoked the appeal against the defendant against the plaintiff A (hereinafter referred to as the "Plaintiff A") by 5,78,109,240 won (hereinafter referred to as "the first refund decision"), and the appellate court's decision to dismiss the plaintiff's appeal from 200 to 250,621,625,216 to 37.2.

3. If we look at the above facts in light of the legal principles as seen earlier, the first instance court’s decision on the recovery of the lawsuit in this case.

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