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(영문) 광주지방법원 2016.09.30 2015나56143

매매대금반환

Text

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

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The court of first instance partly accepted the Plaintiff’s claim on the principal lawsuit, and all of the Defendant’s claim on the counterclaim was dismissed. Accordingly, the Defendant appealed only to the part against the Defendant among the part on the principal lawsuit of the judgment of the court of first instance, and did not appeal to the counterclaim. Therefore, the scope of the judgment of this court is limited to the part on the principal lawsuit.

2. The reasoning of the court's explanation concerning this case is that the part of the reasoning of the judgment of the court of first instance is the same as the part of the judgment of the court of first instance, except for the defendant's rejection of Eul's evidence Nos. 11 through 14 (including branch numbers) and D's testimony of witness D, which are consistent with the argument that the defendant supplied PPP in excess of the part of 141,883,000 won which was recognized by the court of first instance, to the plaintiff, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.