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(영문) 서울중앙지방법원 2020.08.11 2018나70648
손해배상(위자료)청구의 소
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except where the plaintiff added the allegations emphasized by this court as to the claim in the court of first instance and the judgment on the part of the claim selected by this court, etc., and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. 제1심에서의 청구에 대한 추가판단 2쪽 하3행 “원고의 주장은 받아들일 수 없다” 다음에 아래 『』를 추가한다.

“On the other hand, the Plaintiff’s answer submitted by the Defendant to the first instance court on October 11, 2017 (hereinafter “instant reply”).

(1) Article 274(1) of the Civil Procedure Act provides that the party or his/her agent should affix his/her name and seal to the petition of appeal, even if the appellant’s name and seal are omitted, the appellant may be identified by the statement, and if it is deemed that it was submitted based on his/her appellant’s intention, it cannot be deemed null and void (see, e.g., Supreme Court Decision 2010Da84956, May 13, 201). In light of the aforementioned legal principles, it is reasonable to view that the respondent’s signature and seal is irrelevant to the validity of the written reply, and whether the Defendant’s seal is affixed to the written reply, and that the Defendant’s signature and seal is not written in the written reply, in light of the fact that the Defendant’s signature and seal is written in the written reply, and that the Defendant’s written reply is not written in accordance with the Defendant’s written reply.

Therefore, the plaintiff's assertion that it is impossible to recognize the validity of the reply is accepted.

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