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(영문) 대전지방법원 2017.09.13 2016나112868
청구이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and such reasoning is identical to the reasoning of the judgment of the court of first instance, except for any addition or dismissal below, and thus, this is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure

2.In addition to or height from the judgment of the first instance, the following shall be added to the 5th page of the judgment of the first instance:

As the decision on performance recommendation does not take place even if res judicata has become final and conclusive and thus a lawsuit of demurrer is subject to limitations based on the time limit of res judicata, in a lawsuit of objection, the court may deliberate and decide on all the claims indicated in the decision on performance recommendation. In such cases, the burden of proof as to the existence or establishment of the claim shall be borne by the obligee, i.e., the defendant of the lawsuit of objection. The judgment of the court of first instance, No. 6, No. 13, 14 of the judgment of the court of first instance as follows.

It is insufficient to recognize the fact that the Plaintiff conducted a separate project in addition to the contract for the above company through one employee only on the basis of the descriptions of the evidence No. 1-3 of the evidence No. 1 to the above company.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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