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(영문) 인천지방법원 2016.06.16 2015나18213

약속어음금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts contained in this Court;

A. On November 21, 2007, the court of first instance rendered a judgment in favor of the Plaintiff on November 21, 2007, which became final and conclusive on December 12, 2007.

B. On December 7, 2015, the Defendant filed a subsequent appeal against the judgment of the first instance court.

C. Records of the trial of the first instance were destroyed after the preservation period, and the court of the first instance did not state the grounds for the judgment in accordance with the Trial of Small Claims Act.

The Plaintiff did not assert the specific facts of the cause of the instant claim, and stated that a promissory note related to the instant case is not destroyed with respect to the name of the court.

2. The Plaintiff’s claim is without merit, and there is no evidence to acknowledge the cause of the claim.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance with different conclusions is unfair, and the plaintiff's claim is dismissed. It is so decided as per Disposition.