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(영문) 대전고등법원(청주) 2019.01.15 2018나3244
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The first instance court dismissed the Plaintiff’s claim on the principal lawsuit seeking the confirmation of existence of an obligation, while partially citing the Defendant’s claim on the counterclaim seeking monetary payment, and dismissed the remainder.

The scope of the trial of this court is limited to the part against the plaintiff among the principal lawsuit and counterclaim.

2. cite the judgment of the court of first instance

A. The grounds alleged by the Plaintiff in the trial while filing an appeal are not significantly different from the allegations in the first instance trial, and there is no further submission of evidence in the first instance trial by the Plaintiff.

Furthermore, the fact-finding and judgment of the first instance court is recognized as legitimate even if all the evidence presented by the date of the closing of the arguments in the trial.

B. Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is cited by the main text of Article 420 of the Civil Procedure Act

3. In conclusion, the judgment of the court of first instance is just, and all appeals against the plaintiff's principal lawsuit and counterclaim are dismissed as it is without merit.

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