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(영문) 서울남부지방법원 2018.12.13 2018나55829
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant)’s appeal against the principal lawsuit is dismissed, and the Defendant (Counterclaim Plaintiff)’s conjunctive counterclaim is assessed against.

Reasons

1. The judgment on the plaintiff's appeal (the part concerning the main claim) is based on the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The judgment of the first instance is justifiable.

2. The first instance court’s determination on the Defendant’s appeal (the part on preliminary counterclaim) rejected the Plaintiff’s claim against the Plaintiff, and thus, the Defendant’s preliminary counterclaim could not be subject to the first instance trial. Thus, the Defendant’s appeal of this case is unlawful as it is not subject to the appeal or it does not have any benefit

3. Accordingly, the plaintiff's appeal is dismissed as it is without merit, and the defendant's appeal is dismissed as per Disposition.

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