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(영문) 울산지방법원 2016.09.28 2015나23109
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Grounds for the judgment of this court which cited the judgment of the court of first instance shall be that of the judgment of the court of second instance;

B. (6) In addition to the following cases, the part of subsection (6) is identical to the written judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. (6) The plaintiff and the defendant alleged that the agreement should be naturally deducted from the settlement of accounts because there is no evidence to acknowledge that there was an agreement between the plaintiff and the defendant as alleged by the plaintiff and the defendant, and that there was an additional agreement between the plaintiff and the defendant to add their earnings at the time of conclusion of the agreement on the same business of this case, and that the plaintiff unilaterally agreed to do so in their own lives with each other, and thus, the plaintiff unilaterally did not have a coffee specialty store of this case from June 2014 to September 4, 2014, which the plaintiff could have been gained by the defendant for four months. Thus, the plaintiff's assertion that the actual profits of this case should be deducted from the settlement of accounts, since there is no evidence to support that there was an agreement between the plaintiff and the defendant as alleged by the plaintiff and the defendant, even if there was the above agreement on the family affairs, since the defendant's argument was about additional part to add their own lives, it cannot be deemed that the above actual profits are included in the settlement of accounts of this case. Therefore, the defendant's assertion is without merit.

3. Therefore, the judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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