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(영문) 서울중앙지방법원 2019.04.17 2018나55243

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, on the grounds that the reasoning of the court of first instance is identical to that of the court of first instance, except

2. Parts used or added;

A. On the third page of the judgment of the court of first instance, the part to be dismissed shall be subject to the withdrawal of “after being taken” and “after being taken.”

B. On the fourth sentence of the first instance judgment on the part added, the following arguments and judgments shall be added to the following two arguments and judgments:

“The Defendant asserted that the Defendant’s obligor G 5,400,000 won and the Defendant’s obligor H paid 16,600,000 won to the Plaintiff and the Defendant’s obligor H paid 16,600,000 won to the Plaintiff. However, there is no evidence to prove that the Defendant’s obligor G paid 5,400,000 won to the Plaintiff, in addition to the Defendant’s obligor G paid 5,400,000 won, the Defendant’s argument is without merit. The Defendant requested the Defendant’s obligor I to suspend the payment of the amount to be paid to the Defendant. The Defendant asked the Defendant I to ask for the suspension of the Defendant’s obligor I’s payment of the amount to be paid to the Defendant. The Defendant’s payment of 16,600,000 won for the Plaintiff and the Defendant’s reimbursement of 15,000 won for the Plaintiff, and there is no evidence to acknowledge that the Defendant paid 10,500,000 won for the Plaintiff’s reimbursement.

3. As such, the plaintiff's claim of this case should be accepted on the grounds of its reasoning.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.