2016Na60782 Objection

Korea

A

Suwon District Court Decision 2016Na10057 Decided June 9, 2016

December 20, 2016

January 26, 2017

1. The defendant's appeal is dismissed.

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

3. The correction of Paragraph 1 in Paragraph 4 of the order of the court of first instance to Paragraph 2 shall be made.

1. Purport of claim

The compulsory execution based on the payment order (No. 2015j2899) against the defendant against the plaintiff is denied.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Quotation of judgment of the first instance;

The reasoning for this Court’s reasoning is as follows, except for the rejection of the statement No. 5, which is insufficient to recognize the defendant’s assertion that the plaintiff is liable to pay the advance notice of dismissal allowance to the defendant as evidence additionally submitted in the trial, and therefore, it is identical to the part of the reasoning of the judgment of the first instance except for the rejection of the statement No. 5.

2. Conclusion

Therefore, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just, and thus, the plaintiff's appeal is dismissed, but the "paragraph 1" in Paragraph 4 of the judgment of the court of first instance is obvious that it is a clerical error in Paragraph 2 of the judgment, and it is so decided as per Disposition.

presiding judge, judge, branch judge

Judge Seo-soo

Judges Lee Jae-hwan