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(영문) 춘천지방법원 2019.12.11 2019나51328
임대차보증금반환
Text

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

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

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and each evidence submitted to the court of first instance is presented to this court, and the fact-finding and judgment of the court of first instance can be recognized as legitimate even if each evidence

Therefore, the reasoning of the judgment of this court is consistent with the reasoning of the judgment of the first instance except for the dismissal as set forth in Article 420 of the Civil Procedure Act.

2. In the part of the judgment of the court of first instance, the "Evidence A through A, 4, and 7" of No. 15 of the judgment of the court of first instance shall be deemed as "Evidence A through A, 4, 7, 8, 9, 12 of the judgment of the court of first instance (including branch numbers)".

On the fourth and fourth sides of the judgment of the first instance, “There is room for seeing it as null and void” of the first instance judgment, and subsequently, the Plaintiff added “as the Defendant alleged to have ratified it, scambling,” “

In full view of the purport of Gap evidence No. 10 and all pleadings, the plaintiff's assertion of the defendant in Part 6 of the judgment of the first instance is without merit. The plaintiff may recognize the fact that he completed the closure of business on June 27, 2018, immediately after the delivery of the store of this case to the defendant."

3. In conclusion, the plaintiff's claim against the plaintiff against the plaintiff is justified, and the defendant's counterclaim against the plaintiff is dismissed as there is no ground. The judgment of the court of first instance is just in conclusion, and the defendant's appeal against the main claim and counterclaim is dismissed as all grounds are without merit.

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