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(영문) 서울중앙지방법원 2016.10.19 2016나14583
손해배상(기)
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 court of first instance’s explanation concerning this case is as follows, except where the judgment of a new argument in the trial is added to or dismissed from the corresponding part, and thus, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure

【Additional Determination Matters】 The defendant argues that the plaintiff's expansion to "39.9 million won" after the appeal period has expired after the plaintiff entered only the part on "3.9 million won of principal" in the purport of appeal in the petition of appeal.

On the other hand, where the plaintiff filed an appeal against the judgment of the court of first instance which dismissed all of the claims, the remaining parts of the judgment of first instance which did not have been appealed are prevented from becoming final and conclusive due to the appeal, and they are transferred to the appellate court, so the plaintiff can expand the purport of appeal until the time of the closing of argument (see, e.g., Supreme Court Decision 9Da30312, Apr. 27, 2001). The defendant's defense is without merit.

【The part of the judgment of the court of first instance】 (1) The part of the judgment of the court of first instance No. 2, 13 “4. 5. ;” the part of the judgment of the court of first instance No. 3, the part of the judgment of the court of first instance No. 9 “20,000 won” “15 million won”; the part of the judgment of the court of first instance “10,000 won” “10,000 won”; and the part of the judgment of the court of first instance “39,900 won” “2.”

(b) (2) The phrase “(2)” generally refers to the document prepared for the purpose of stipulating the terms and conditions of the existing contract in connection with the form of the agreement or the general provisions of the transaction, the confirmation of the legal system for the future conclusion of the agreement, the additional terms and conditions agreed upon in the existing contract, or the subsequent terms and conditions of the existing contract, prior to the conclusion of the contract, in general, the agreement on the entry of the actual negotiation phase for the requirements of the contract at the stage prior to the conclusion of the contract.

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