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(영문) 의정부지방법원 2015.02.06 2014나13533
손해배상(기)
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. In the first instance court’s trial scope, the Plaintiff claimed a counterclaim seeking consolation money of KRW 17 million by asserting that the Plaintiff suffered emotional distress due to Defendant’s assault, defamation, etc., and the Defendant filed a counterclaim claiming consolation money of KRW 35 million by alleging that the Plaintiff suffered emotional distress due to the Plaintiff’s false accusation and statement, although the Defendant did not assault the Plaintiff. The first instance court accepted part of the principal claim, dismissed the remainder of the claim, and dismissed the remainder of the counterclaim in its entirety.

For this reason, it is clear that only the defendant has filed an appeal regarding the part against the defendant against the principal lawsuit. Therefore, the only claim for the principal lawsuit is subject to the judgment of this court, and it is so decided.

2. The reasoning for the court’s explanation on this part is the same as that for the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the decision of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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