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(영문) 서울중앙지방법원 2017.10.27 2016나85295
채무부존재확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The quoted trial of the first instance court was examined closely by the parties’ allegations and the evidence presented at the first instance court and the first instance court, but it does not seem that there was any error in the fact-finding and judgment of the first instance court.

Therefore, the reason for the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act.

The following shall be added to the third 17 pages of the judgment of the first instance.

[1) On the 4th 12th 12th 1 of the judgment of the first instance court on the argument that the provision on the payment of the instant fee and the duty to explain shall be added to the following contents. 2) If the Plaintiff’s argument that the provision on the payment of the instant fee is not incorporated into the terms of the commissioning Agreement, such as the Plaintiff’s assertion, the Plaintiff would result in unjust enrichment by receiving the fee from the Defendant without any legal cause, and thus, the Plaintiff shall return the unjust enrichment equivalent to the growth support fee received to the Defendant. In this respect, the Plaintiff’s claim of this case is without merit.

(a) In accordance with the Rules on the Payment of Fees of this case, "Nos. 5 and No. 6 12" were added to "No. 6 5 and "No. 6 5".

In addition to the six pages of the first instance judgment, the following shall be added.

Defendant alleged that “A” (Evidence No. 1, No. 1, and No. 5) and “MDubs Recovery Consent” (Evidence No. 5) were prepared in accordance with B, as long as B prepared each of the above documents on behalf of or on behalf of the Plaintiff, the authenticity is recognized and the circumstances that B knew of the payment provision of commission cannot be asserted. However, B’s “Commission Agreement” (Evidence No. 1, No. 1, and No. 5).

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