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(영문) 서울서부지방법원 2019.10.25 2019나825
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) C filed a lawsuit against the Plaintiff on the claim for ownership transfer registration D with the Youngju District Court Young-dong Branch D (hereinafter “instant lawsuit”).

(2) On October 19, 2007, the above court rendered a judgment of winning the entire case against C on October 20, 2006. 2) The plaintiff appealed to Cheongju District Court E, but the above court rendered a judgment of winning the appeal on June 19, 2007.

3) The Plaintiff appealed to the Supreme Court F, and the instant lawsuit was concluded upon the withdrawal of the final appeal on July 27, 2007. B. The Defendant was the legal representative of C in the instant lawsuit. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 22 and 24, and the purport of the entire pleadings.]

2. Determination as to the cause of action

A. The Defendant asserted that the Plaintiff would withdraw the final appeal against the Plaintiff during the period of the final appeal on the instant lawsuit, and that the Defendant would give KRW 4,000,000 to the Plaintiff. The Defendant withdrawn the final appeal.

However, since the defendant did not pay the above money to the plaintiff, the defendant is obligated to pay 4,000,000 won and damages for delay to the plaintiff.

B. There is no evidence to acknowledge the Plaintiff’s assertion, and the Plaintiff’s claim is without merit.

3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance court is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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