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(영문) 수원지방법원 2014.11.21 2014나6869

손해배상(기)

Text

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

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

Reasons

1. The reasoning for the court's explanation concerning this case is as follows: "Nos. 12 and 13" of No. 3, No. 12, 13, 24, 27 and 29 among the grounds for the judgment of the court of first instance; "Evidence No. 12, 16" of No. 3, No. 12, 13, 24, 27 and 29 of the judgment of the court of first instance; and the plaintiff's argument in the trial following No. 5, No. 16 of the judgment of the court of first instance is added, and therefore,

2. On October 10, 201, the Plaintiff asserted that the aforementioned amount should be deducted since he/she paid 2,50,000,000 won as the selective benefit on behalf of the Defendant on October 10, 201 and 2,50,000 won on November 12, 2012, the Plaintiff’s additional determination part is insufficient to acknowledge the fact that the Plaintiff’s assertion on behalf of the Defendant was paid the said amount on behalf of the Defendant, and that the Plaintiff’s assertion is a money of a nature that the Plaintiff can claim against the Defendant, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion is without merit.

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