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(영문) 서울고등법원 2017.12.13 2017나2029970
청구이의
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The plaintiff, at the first instance court, sought the cancellation of execution clause granted to the original copy of the instant protocol of conciliation, and sought the preliminary revocation of compulsory execution based on the instant protocol of conciliation, and the first instance court dismissed the primary claim and accepted the preliminary claim.

As the defendant appealed, the object of this Court's trial is limited to the preliminary claim.

2. The reasoning of 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 the evidence submitted by the defendant alone, including evidence Nos. 8 and 12 submitted in the court of first instance, is used as "only the evidence submitted by the defendant," which is stated in the main sentence of Article 420 of the Civil Procedure Act (excluding the part concerning the plaintiff's main claim that is not subject to the judgment of the court of first instance), and this is cited by the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the judgment of the court of first instance is just, and all appeals against the plaintiffs are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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