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(영문) 서울남부지방법원 2016.11.24 2016나51908
일부 채무부존재확인
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

1. The reasoning for the court’s explanation concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, in addition to the dismissal of the following parts among the judgments of the court of first instance. As such, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

The damages amount of KRW 108,80,80 for medicine amount of KRW 161,00 for - 600,000 for - 25,000 for 6,720,320 for 7,39,520 for the damages amount of KRW 6,320 for the following reasons:

B. On the 15th judgment of the first instance court, the defendant was dismissed as "Plaintiff", and the 7th judgment "6,611,528 won x 80% x 5,289,222 won x 6,720 won x 80% x 5,376,256 won."

C. The conclusion of paragraph 3 of Article 15 of the Judgment of the first instance court shall be followed as follows.

Therefore, the Plaintiff is obligated to pay damages for delay calculated by the rate of 15% per annum under the Civil Act from October 6, 2012, which is deemed reasonable for the Plaintiff to dispute about the existence and scope of the obligation to perform as to the Plaintiff from October 6, 2012, which is the date of the instant accident, to January 15, 2016, which is the date of the first instance judgment, and from the next day to the day of full payment, 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. The conclusion is that the plaintiff's main claim and the defendant's counterclaim are justified within the scope of each above recognition, and the plaintiff's remaining main claim and the defendant's remaining counterclaim are dismissed as they are without merit. The judgment of the court of first instance is partially unfair, but the judgment of the court of first instance cannot be changed to the judgment of the court of first instance disadvantageous to the plaintiff who is the appellant under the principle of prohibition of disadvantageous alteration. Thus, the plaintiff's appeal shall be dismissed.

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