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(영문) 서울고등법원 2021.03.26 2020나2013142
정정보도 등
Text

All appeals by the defendants and the plaintiff's incidental appeals are dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

The plaintiff and the joint plaintiff B of the first instance court filed the lawsuit of this case against the defendants and the joint defendant Eul of the first instance court, such as the statement of the purport of the claim.

The first instance court partly accepted the Plaintiff’s claim against the Defendants, and dismissed all of the Plaintiff’s remaining claims against the Defendants and the claims against Defendant E jointly in the first instance court, and sentenced the Defendants jointly in the first instance court and jointly in the first instance court to all dismiss the claims against Defendant E.

With respect to this, only the Defendants appealed against the Plaintiff, and the Plaintiff appealed the incidental appeal against the Defendants.

Therefore, among the judgment of the court of first instance, the Plaintiff’s claim against joint Defendant E and the Defendants of Plaintiff B and the joint Defendant E of the first instance court were separated and finalized as they are.

The scope of this Court’s adjudication is limited to the Plaintiff’s claim against the Defendants.

The grounds for appeal by the Defendants cited in the judgment of the court of first instance and the grounds for appeal by the Plaintiff are not significantly different from the allegations in the court of first instance.

Even if the evidence duly admitted and examined by the first instance court was added to the evidence that was duly admitted and investigated by this court, the finding and determination of the first instance court is justifiable.

Therefore, the reasoning of the judgment of this court is as follows, and the reasoning of the judgment of this court is as stated in the judgment of the court of first instance, except for further determination in the following paragraph 4 as to the assertion that the defendant used the part of the judgment of first instance as the reasoning of the judgment or emphasized or added by this court: Provided, That this part of the claim of the joint plaintiff B in the first instance court and the claim against the joint defendant E in the first instance court is excluded, but the part of the judgment of the first instance court, which was used after being separated, as of March 3, 200, is as follows: "the plaintiff B" in the reasoning of the judgment of first instance, "the plaintiff B", "the plaintiffs", "the plaintiffs", "the defendant E", "the co-defendant in the first instance court", and "the witness."

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