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(영문) 부산지방법원 2019.04.05 2018나49994
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and the reasoning of the judgment of the court of first instance is as follows. Thus, the reasoning of this court citing the reasoning of the judgment of the court of first instance is as it is based on the main sentence of Article 420 of the Civil Procedure Act.

Part 3 of the judgment of the court of first instance, "I filed an appeal for the subsequent completion of the judgment of this case on the same day" in Part 9, as follows.

A. Around October 7, 2016, the Plaintiff filed an appeal for late payment (the Busan District Court 2016Na10619) and then filed a counterclaim seeking return of unjust enrichment (the Busan District Court 2018Na777). On May 9, 2018, the Busan District Court rendered a judgment of the appellate court that dismissed the Plaintiff’s counterclaim by accepting the Defendant’s claim amounting to KRW 12,597,004, out of the Defendant’s principal claim amount. Accordingly, the Plaintiff filed an appeal [the Supreme Court 2018Da27461 (the principal claim), 2018Da27478 (Counterclaim)] but the appeal was dismissed on September 28, 2018 by adding the following parts to Articles 12 through 13 of the judgment of the first instance court:

A. “The foregoing court rendered a judgment dismissing the suit.” Although the Plaintiff appealed against this, the Daegu District Court rendered a judgment dismissing the suit on January 23, 2019, and the Plaintiff’s appeal is pending in Supreme Court Decision 2019Da3615.”

2. Additional determination

A. As the judgment of the Plaintiff’s assertion was changed by a judgment of the Busan District Court 2016Na10619 based on the Plaintiff’s subsequent appeal, compulsory execution based on the judgment of the instant case shall not be permitted.

B. The judgment of change in the appellate court is identical to a judgment of partial revocation to dismiss an appeal in respect of the part of the judgment of the court of first instance, citing an appeal, with respect to which the appeal is well-grounded. However, it is in accordance with a convenient request to avoid complicated contents of the main text and to facilitate easy understanding of the contents of the main text.

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