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(영문) 창원지방법원 2018.07.20 2017나6676
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is as follows: (a) the 3rd part of the judgment of the court of first instance “private urgency 4”; (b) the 7th part of the 7th part “the existence of the existence of the existence of the existence of the existence of the borrowed debt” as “the existence of the existence of the remainder of the borrowed debt”; (c) the 4th part of the 9th part “the Plaintiff’s assertion” as “the Plaintiff’s assertion”; and (d) the 15th part of the 11th part “15,00,000 won” as “150,000,000,” and therefore, it is identical to the ground of the judgment of the court of first instance

(1) The court below's finding of facts and determination at the court of first instance are justifiable in light of the evidence duly adopted and examined by the court of first instance as evidence No. 9 through 11, and there are no errors as alleged in the grounds for appeal by the plaintiff). 2. If the plaintiff's main claim is based on the conclusion of judgment, the plaintiff's main claim shall be dismissed as it is without merit. The defendant's counterclaim is accepted within the scope of the above recognition, and the remaining counterclaim is dismissed as

As the judgment of the court of first instance is justifiable in conclusion, the plaintiff's appeal against the principal lawsuit and counterclaim of this case is dismissed as it is without merit, and it is so decided as per Disposition by the defendant's acceptance of lawsuit to modify Paragraph 2 of the judgment of first instance as above.

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