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(영문) 대전지방법원 2020.06.16 2019나107034
청구이의
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

The first instance court accepted all of the principal claim and partly accepted the counterclaim claim, which sought the exclusion of enforcement force of the payment order by the plaintiff, and the defendant's tort or the counterclaim claim by Article 401 of the Commercial Code.

Since only the plaintiff appealed against the judgment of the court of first instance against the part against the plaintiff, the scope of the judgment of this court is limited to the part of the counterclaim claim.

The reasoning of this court's judgment is the same as that of the first instance court's judgment, and thus, it is accepted by the main text of Article 420 of the Civil Procedure

The judgment of the principal claim is part of the judgment of the principal claim.

2. The judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed.

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