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(영문) 서울고등법원 2019.06.19 2018나2056856
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. The grounds for appeal by the plaintiff and defendant in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even if the evidence submitted to the court of first instance was presented to this court.

Therefore, this court's judgment is citing the reasoning of the first instance judgment except for the following "2." as well as the following. Therefore, this court's judgment is citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. The fourth instance judgment of the first instance court is the fourth instance judgment’s “Duty............” is regarded as “.......”

B. The number of 8th to 7th of the judgment of the court of first instance with evidence 23 to 29 is included in each number, hereinafter the same.

Each entry, L’s testimony, appraiser M’s appraisal result, each fact inquiry about appraiser M in this court’s appraiser M, "the purport of the entire pleadings" is 23-29,35 evidence (including each number; hereinafter the same shall apply), witness L in the first instance trial, testimony of appraiser M in the first instance trial, each inquiry result about appraiser M in the first instance trial, the entire purport of the pleadings, each inquiry result about appraiser M in the court of first instance, including professional examiner P and Q’s opinion. (C) In the latter part of “the reasonable point” in the first 12th 13th of the judgment of the first instance, in light of industry practice or knowledge about the degree of executing the instant construction, the Plaintiff also seems to have been able to sufficiently interpret the entry “150” as N’s title, pressure, pressure, and thus, the Plaintiff did not sufficiently interpret the “150” procedure as stated above. (d) The Plaintiff did not appear to have been able to interpret such error to the Defendant.

E. 16-17 of the first instance judgment, i.e., 15, 16-17, i.e., “Defendant is either or without good cause.”

The entry of “B” in subparagraph 35 shall be followed.

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