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(영문) 서울고등법원 2015.11.27 2015나9686
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasons why this Court, which cited the judgment of the court of first instance, is the same as the part on the grounds of the judgment of the court of first instance except for dismissal or addition of the corresponding parts as follows. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

The 3rd written judgment of the first instance court shall raise the "end-type room" of the 14th written judgment to "end-type room".

From the third bottom of the judgment of the first instance, "the plaintiff" in the second part shall be "the defendant".

Each "Witness M of Witness" of the third and the third under the 10th bottom of the 9th judgment of the first instance shall be read as "M of the first instance court witness", respectively.

At the bottom of the 9th judgment of the first instance court, the "Witness G" in the fifth sentence shall be read as " witness G of the first instance court."

The following shall be added to the 6th sentence of the first instance court ruling:

The Plaintiff asserted that the agreement based on the above confirmation is null and void since the Defendant gains unjust benefits by taking advantage of his superior position and imposes an excessive obligation on the Plaintiff. However, the Plaintiff’s assertion is not acceptable on the sole basis of the circumstance that the agreement is required. It is difficult to deem it null and void as it goes against good morals and other social order under Article 103 of the Civil Act, and there is no other evidence to acknowledge it.

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2. As such, the plaintiff's claim shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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