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(영문) 서울고등법원 2018.02.02 2017나19731

채무부존재확인

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows. Thus, this court’s reasoning is identical to the reasoning of the judgment of the first instance except for partial revision as follows. Thus, this is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act

o No. 6 of the first instance court judgment No. 7, “On the other hand, according to the statement No. 6, the Defendant sent to the Plaintiff on February 4, 2016 following the completion of the instant construction, a certificate of the content that the Plaintiff requested the payment of equipment damages, cable transport and maintenance charges, total sum of KRW 92,43,350, which is KRW 92,43,350, and the content of the instant lease agreement does not include the amount of use under the instant lease agreement and the content of the claim for the payment.”

o. On the 7th half to 8th half of the judgment of the first instance court, the part of the 7th half of the 7th trial, “No evidence exists to support or prove that the 8th of the 8th of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 1st of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3rd of the 3rd of the 2nd of the 2nd of the 3rd of the 3rd of the 3rd of the 2016th of the 2nd of the 2nd of the 2nd

o No. 9 of the first instance court judgment No. 17 to the end of the 17th instance court judgment “if so, to be deducted” part of the “if so, the planting cost of trees is the loss incurred to a third party in the course of performing the instant construction and the restoration order of the original state by the Dongdaemun-gu Office had existed after the completion of the instant construction, and the said damage is not different.