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(영문) 서울고등법원 2015.12.18 2015나14978
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is the same as that of the judgment, except for partial revision as follows.

The 3 pages 11 of the judgment of the first instance court shall be changed to "14", and the 2 pages of the same 3 pages shall be changed to "entry or video", respectively.

The "29.70 won" of the 6th six pages of the first instance judgment shall be amended to "29,770 won", and the part of "the plaintiff's recognition" of 9,10 shall be deleted.

At the bottom of the 6th judgment of the court of first instance, “The entry of evidence Nos. 9-1 through 10-3, 12, and 13 of the evidence Nos. 9-1, 10-1, and 12 of the evidence Nos. 9-1, 10-1, and 12 of the evidence Nos. 9-1, 3 at the bottom of the same 4th judgment of the court of first instance shall be amended as follows: “No evidence to acknowledge it exists”; “No evidence to acknowledge it is sufficient to acknowledge the above assertion by only the entries or images of the evidence No. 9-3, 4, 5, 10-3, 10-3, and 15 of the evidence No. 15, and no other evidence to acknowledge it exists.”

2. The conclusion is that the plaintiff's principal lawsuit and the defendant's counterclaim are justified within the scope of each recognition above, and the remainder of the principal lawsuit and the remainder of the counterclaim are dismissed as they are without merit. The judgment of the court of first instance is just in conclusion, and the appeal against the principal lawsuit and the counterclaim is dismissed as it is so decided as per Disposition.

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