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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows: (a) the reasoning of the judgment of the court of first instance concerning the instant case is to be explained by the court of first instance; (b) the 3rd 12nd 3rd 12nd tier in the judgment of the court of first instance as “total 104,733,950 won”; (c) the 5th 1st eth 1st eth 1st “round June 24, 2015” as “within June 24, 2015”; and (d) the additional decision as to the grounds for appeal is as stated in the reasoning of the judgment of the first instance;
(1) The Plaintiff and the Defendant asserted in the trial through appeal do not differ from the contents of the first instance court’s claim. However, even if the Plaintiff’s additional evidence submitted in the trial, it does not differ from the fact-finding and judgment of the first instance court, even if all of the evidence presented in the trial were examined. 2. The Defendant asserts that the Defendant’s additional judgment offsets the Plaintiff’s damage claim against the Defendant due to the Plaintiff’s injury, which was cited in the first instance court by setting the amount of five million won for the removal of the signboard of this case, including one million won for the removal
The instant injury constitutes an intentional tort and an offset against damages claim arising from an intentional tort is not allowed (Article 496 of the Civil Act). Therefore, the Defendant cannot oppose the Plaintiff by offsetting.
Therefore, the defendant's argument of set-off is rejected.
3. In conclusion, the plaintiff's claim of this case is justified within the scope recognized by the judgment of the court of first instance, and the remaining claims shall be dismissed as it is without merit. Since the judgment of the court of first instance is legitimate, the plaintiff and the defendant's appeal are dismissed as they are without merit.