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(영문) 인천지방법원 2019.05.17 2017나8715
손해배상(기)
Text

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

2. The extension by this court.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence additionally submitted to the court of first instance was presented.

The reasoning for this Court’s reasoning is as follows, and the judgment on the Plaintiff’s assertion is added as set forth in paragraph (2). Thus, the reasoning for this Court’s reasoning is as stated in the main sentence of Article 420 of the Civil Procedure Act. A. The reasoning for this Court’s reasoning is as follows.

The phrase “monthly rent 430,000 won” shall be read as “monthly rent 430,000 won (the first twelve months shall be 400,000 won)” (as at the second level, the lower part of the second page).

B. Correction of “provisional disposition against possession transfer” as “provisional disposition against possession transfer prohibition” (Nos. 4, 11, 5, 7)

C. Correction of “ December 17, 20126.” as “ December 17, 2016.” (No. 6, No. 19)

2. We examine the additional determination as to the extension of the plaintiff's purport of the claim, and examine the monetary payment (such as operating profit, repairing cost, transportation cost, etc.) of the part in which the plaintiff extended the plaintiff's claim.

The plaintiff asserted in the first instance court as the cause of the claim. However, as to the above argument in the first instance court, the plaintiff's above claim cannot be accepted, and the fact-finding and decision of the first instance court are justified even if the defendant's statement was added to the statement of witness E in the first instance court, in this case where the non-performance of obligation due to the defendant's reason is not recognized.

3. In conclusion, the judgment of the court of first instance is just, and all appeals against the plaintiff's principal lawsuit and counterclaim are dismissed as it is without merit, and the plaintiff's claims expanded by this court are also dismissed as it is without merit. It is so decided as per Disposition.

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