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(영문) 서울중앙지방법원 2016.12.22 2016나25040

채무부존재확인

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the reasoning of the judgment, is the same as that of the judgment of the court of first instance, except for adding the following judgments, and thus, citing the reasoning by the main text

2. The plaintiff asserts that the liability of the plaintiff should be reduced in accordance with the principle of equity, since the defendant was negligent in not explaining the plaintiff's obligation to pay attention, etc., but since the defendant's claim is not a damage claim but a settlement deposit claim based on the agreement of this case, it is difficult to view that there is a ground for offsetting negligence or limiting liability, and there is no evidence that the defendant violated his duty to explain

3. In conclusion, the plaintiff's claim for counterclaim is dismissed as it is without merit, and the defendant's counterclaim is accepted as reasonable, and the judgment of the court of first instance with the same conclusion is legitimate, and it is so decided as per Disposition.