(영문) 서울고등법원 2015.01.27 2013나79216

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(영문) 서울고등법원 2015.01.27 2013나79216

채무부존재확인 등

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The reasoning of this court's acceptance 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 for the following modifications, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Parts to be corrected;

(a) An “Plaintiff” in Part 7 of the Judgment of the first instance court in Part 7, as “Defendant”;

B. On December 15, 2010, the first instance court’s judgment No. 7, “No. 15, 201.” is written as “No. 10. 15.”

(c) at 10 pages 10 of the judgment of the first instance court, the “Evidence 8, 10, 13 of the A” is deemed as “Evidence 8, 10, 13, 17, 19 through 21, 30 to 32 of the A.

Part 10 of the judgment of the first instance court is " December 15, 201" in Part 10, 14, as " December 15, 2010."

3. Accordingly, the plaintiff's principal lawsuit and the defendant's counterclaim are accepted within the scope of each recognition above, and the remainder of the principal lawsuit and the remainder of the counterclaim are dismissed without any justifiable grounds. In the judgment of the court of first instance, the part of the judgment with different conclusions (the part of the judgment of the court of first instance against the defendant which ruled that "the defendant, among the plaintiff's principal lawsuit, was paid "9,451,232 won at the rate of 30% per annum from December 15, 201 to December 14, 2011" shall be paid "the amount equivalent to 9,451,232 won per annum from December 15, 201 to December 14, 2011, against the defendant who did not cause the defendant to implement the procedure for registration of cancellation of the registration of the creation of the neighboring mortgage of this case, and the part of the judgment against the defendant which ruled against the defendant shall be dismissed without any justifiable grounds, and the decision of the court of first instance shall be dismissed.

참조조문

-민사소송법 제420조

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