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(영문) 부산지방법원 2018.09.13 2017나53538

약정금

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The grounds for appeal by the defendant for the acceptance of the judgment of the court of first instance are as alleged in the first instance, and the evidence submitted to the court of first instance is the evidence submitted by the defendant to the court of first instance, and even in light of the overall purport of the arguments in the evidence Nos. 18 through 35 (including the number of pages) submitted by the defendant in the court of first instance, the fact-finding and the decision of the court of first instance are justifiable (it seems to be justifiable the first instance court's decision on whether the plaintiff's fees equivalent to 5% of the loans received from B, which are not the defendant's employee, belong to the plaintiff and the defendant, and it is not erroneous as alleged in the grounds for appeal by the defendant.

Accordingly, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it in accordance with the main text of Article 420 of the Civil Procedure Act

2. Thus, the judgment of the court of first instance is just and the defendant's appeal against the main lawsuit and counterclaim of this case is dismissed as it is without merit. It is so decided as per Disposition.