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(영문) 수원고등법원 2019.11.14 2019나13373

노회판결무효확인 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. On January 18, 2018, the court of first instance rejected the Plaintiff’s claim for nullification of the judgment rendered on January 18, 2018, and rendered a judgment dismissing the remainder of the claim.

As to this, the Plaintiff appealed on January 18, 2018 as to the remaining parts, excluding the part of the claim for nullification of the said judgment.

Therefore, the subject of the judgment of this Court is limited to the remaining part of the appeal claim, excluding the claim for nullification of the above judgment of January 18, 2018.

2. The grounds for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for cases of cutting, adding, or deleting as follows, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The lower court’s findings and determination of the first instance court is justifiable in light of the evidence duly adopted and examined by the court of first instance, and there is no error as alleged in the grounds of appeal by the Plaintiff). The lower court’s “624” of first instance judgment No. 8 and then added the Suwon District Court to “2019No1289” following the “624” of first instance judgment No. 8.14.

Part 1 through 11 of the judgment of the first instance shall be deleted from the 11st to 5th.

The first instance court's decision No. 11 stated "6 of the first instance court's decision No. 11 stated "(2)" as "(1)", and "No. 8 of the first instance court's decision No. 8" as "(2)".

‘3-3 of the judgment of the first instance court

A. The part of the judgment on the eligibility for the defendant (from 11, up to 12, up to 18 pages) shall be deleted.

The following shall be added to the 7th sentence of the first instance judgment:

"E) With respect to the part of the disciplinary grounds of the instant dismissal judgment that "the plaintiff physically mobilized the services on September 25, 2017 and physically intrudes upon the president without permission," it is recognized that the facts not included in the reported accusation and the manual of the crime committed on September 9, 2017 (No. 24-2, however, on November 3, 2017, the argument against the plaintiff, such as questioning and responding to the first substitute judgment against the plaintiff at the time of the first substitute judgment against the plaintiff.