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(영문) 부산지방법원 2017.08.16 2016나55018

임금등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

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 amended part as stated in Paragraph 2 below, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The amended part of the first instance court's decision is 2.B. [The 4.2nd parallel 8 to 4.12th parallel] as follows:

B. According to the evidence No. 13 and No. 2-1 and No. 2 of the judgment, it is difficult to find that the Defendant wired KRW 20 million to the Plaintiff on the pretext of the service cost for the Plaintiff and three other parties, who performed the management, etc. of the building of this case for two months from September 2012 to October 2012. However, the evidence submitted by the Plaintiff alone is not sufficient to find that the Plaintiff and the Defendant again entrusted the Plaintiff with the management, etc. of the building of this case on August 2013, when the Defendant again delegated the Plaintiff with the management, etc. of the building of this case on the third floor of this case, it is difficult to establish the fact that the agreement to pay KRW 10 million to the Plaintiff on the service cost, as well as for the possession and use of KRW 5 million each month from the third floor of the building of this case. The testimony of the witness of the first instance trial does not believe, and there is no other evidence to acknowledge it [the Plaintiff’s assertion that the agreement was made after consultation on the date of delegation (No 3).

3. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion.

The plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.