logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.12.17 2019나59592
대여금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.

2. Costs of appeal; and

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the additional determination as to the defendant's defense and counterclaim, and therefore, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article

2. The Additional Determination Division (Judgment on the Claim for Offset and Counterclaim against the Main Claim) argues that the Defendant entered into a regional general sales store contract on January 5, 2018 between the Plaintiff and the Defendant, and that the Plaintiff did not perform an exclusive sales right under the above contract and entered into the above contract by deceiving the Defendant without intent to perform it, and thus, the Plaintiff’s damage claim (10 million won) offsets the Plaintiff’s claim for the loan and seeks payment of the remainder by the counterclaim. However, even if the Plaintiff’s argument alone is the Defendant’s own, the Defendant’s damage claim under the above contract is a non-defendant, and it is insufficient to recognize that the evidence submitted by the Defendant alone was insufficient to acknowledge that the Plaintiff had concluded the above contract by deceiving the Defendant, and there is no other evidence to prove otherwise

Therefore, all the defendant's counterclaims and counterclaims are without merit.

3. In conclusion, the plaintiff's claim on the principal lawsuit shall be accepted on the ground of its reasoning, and the defendant's counterclaim shall be dismissed on the ground of its ground.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal against the principal lawsuit is dismissed, and the defendant's counterclaim filed by this court is dismissed as it is without merit. It is so decided as per Disposition.

arrow