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(영문) 서울고등법원 2017.12.22 2017나2051663
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. The reasoning of the court’s explanation concerning this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(2) The Plaintiff and the Defendants asserted in this Court do not differ significantly from the contents of the claim in the first instance trial, and even if the evidence submitted in the first instance trial and all of the materials additionally submitted in the first instance trial are examined, the first instance judgment is justifiable). 2. In conclusion, the Plaintiff’s claim in the principal lawsuit and the Defendants’ counterclaim claim are justified within the scope of the above recognition, and each of the remaining claims in the principal lawsuit and the counterclaim claim in the second instance should be dismissed.

The judgment of the court of first instance is just in conclusion, and thus all appeals filed by the plaintiff and the defendants are dismissed.

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