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(영문) 창원지방법원 2017.06.22 2016나58069
매매잔대금
Text

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

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the court's explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows, even if the witness F of the court of first instance bears the witness testimony of the court of first instance, and thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Each entry of evidence Nos. 5-1, 2, 7, 8, and 2-2 of evidence Nos. 5-1, 2, 8-2, and the video of evidence Nos. 14 of the judgment of the court of first instance, which is written or added, shall be deemed to be “each entry of evidence Nos. 3, 5, 7, 8, and 2” and “the video of evidence No. 14.

The part 3 of the judgment of the court of first instance and the part 13 through 15 of the first instance are as follows: “The plaintiff was put in 60 million won only for the goods within the Luxembourg store and the Luxembourg store except for the goods within the warehouse and warehouse prior to the transfer of the store to the defendant.” The part 3 of the judgment of the court of first instance and the part 60 million won is written as follows: “In the advertisement published by the plaintiff on the rice Luxembourg market prior to the transfer of the store to the defendant, the amount is KRW 150 million or KRW 160,000 or KRW 160,000 if only one store is transferred, or KRW 60,000 if only one store is transferred.” The sale price of the store between the plaintiff and the defendant is KRW 60,000,000 (including lease deposit KRW 10,000).”

The written evidence No. 18 of the first instance judgment, on the 3rd anniversary of the judgment of the court of first instance, refers to the evidence No. 1 and No. 9 of the first instance judgment.

On the 3rd page of the first instance judgment, the following facts are added: “The loan certificate (Evidence A 1) prepared by the Defendant at the time of taking over C is not indicated with respect to the provision of contact information with stores and customers.”

3. In conclusion, the plaintiff's claim of the principal lawsuit is justified, and the defendant's counterclaim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and all appeals against the principal lawsuit of this case and counterclaims are dismissed. It is so decided as per Disposition.

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