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(영문) 서울고등법원 2016.01.22 2015나9389

환급금

Text

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

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, in addition to the part mentioned in Paragraph 2 below, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. At the second level of the judgment of the court of first instance, “Defendant” shall be added to “for 10 months from the date of conclusion of the contract” after the second level of the judgment of the court of first instance.

The testimony of the witness C of the first instance court shall be added next to the "written evidence Nos. 2 and 3 of the first instance court's three pages."

On the 3rd 10th 10th 10th 1st 3th 10th 1st 3th 10th 1st 3th 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st

The three pages 14 of the judgment of the first instance court shall be amended to "the truth".

The following shall be added to four pages of the decision of the first instance court: "no reason exists":

Inasmuch as the advisory contract of this case was confirmed after the conclusion of the contract that it is difficult for the plaintiff to normally perform as well as unclear entity, the plaintiff's representative director C, who was the representative director of the plaintiff company, should have sought the plaintiff's interest by terminating the advisory contract of this case as soon as possible, and did not take such measures. Thus, the plaintiff's assertion is without merit, since there is no evidence to acknowledge the facts of the premise alleged by the plaintiff.

(C) 10 pages 4 of the first instance judgment: “In accordance with Article 8(1) of the instant advisory agreement, the Plaintiff’s preparatory brief dated December 3, 2013 is added.”

Article 1 of the advisory contract of this case is "A according to the statement of evidence No. 2 of the judgment of the court of first instance at the fourth level," and Article 1 of the advisory contract of this case, which is promoted by the plaintiff, as stipulated in the contract of this case.