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(영문) 부산지방법원 2015.02.13 2014나8445

정산금등

Text

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

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

Reasons

1. In this case where only the plaintiff appealed against the judgment of the court of first instance which partly accepted the plaintiff's claim of the plaintiff's main claim of the court of first instance which rejected the defendant's counterclaim, the object of the judgment of the court of first instance is limited to the plaintiff's claim of the main claim of this case. The reason for the court's explanation as to the main claim of this case is that the court of first instance excludes witness E's testimony of the court of first instance which is insufficient to reverse the facts acknowledged by the court of first instance as additional evidence submitted in the court of first instance, and add "Therefore, it is difficult to view that the transfer to a third party is not arranged due to the defendant's mistake" in the first instance judgment of the court of first instance as stated in the part of the main claim of the judgment of the court of first instance, and therefore, it is citing it

2. Thus, the part concerning the main lawsuit of the judgment of the court of first instance which partially accepted the plaintiff's claim of this case is legitimate. Thus, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.