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(영문) 서울고등법원 2018.12.13 2018나2028370
계약금반환 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of this court’s acceptance of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, except in the following cases:

(The court of first instance held that the evidence submitted by the plaintiff to this court is reasonable in light of the evidence duly adopted and examined by the court of first instance, and that there was no error as alleged by the plaintiff in the grounds for appeal). Of the judgment of the court of first instance, the court of first instance held that the "witness" of the first instance 16, 11, 12, 12, 3, 13, 2, 5, 16, 14, 4, 17 and 20 of the first instance court's 8th 16, 12, 12, 13, 16, 16, 4 and 17

The following shall be added to the "Apparent facts" in Part 4 of the first instance judgment.

“The e-mail sent by M (M’s employees) to the Defendant on July 20, 2016, indicated “200 million won for emergency aid for e-mail (Evidence A 12)” as “the e-mail sent by the Defendant on September 21, 2016 (Evidence A 14)” in the first instance judgment of the court of first instance, “No. 20 of September 24, 2016” as “No. 18 (Evidence A 14).”

Of the judgment of the court of first instance, the 23th and 20th of the judgment of the court of first instance shall be subject to the “this judgment” in the “court of first instance.”

2. Conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are without merit.

The judgment of the court of first instance is just in conclusion, and thus, the plaintiff's appeal is dismissed.

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