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(영문) 서울중앙지방법원 2018.04.19 2017나24723
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal (including the costs of filing an application for the return of provisional payments) shall be borne by the Defendants.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420

“A witness C’s testimony, testimony, and evidence No. 1-2 of the first instance trial” in front of the overall purport of the pleading in the third 19th 19th eth eth eth 5th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e. e. e. e. e. g. e. e. e. e. e. e. 7,346,403 e. e. e. 5th e. e. e. e. e. e. e. 5th e. e. g. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e. e.).

2. The Defendant National Freight Trucking Association made a judgment on the application for provisional payments by the Defendant National Freight Trucking Association, and paid the Plaintiff KRW 26,124,660 in total the principal amount and delay damages of the judgment of the first instance to the Plaintiff on April 20, 2017 according to the judgment of the first instance court of the provisional execution sentence. In the event the Defendants’ appeal was accepted and the judgment of the first instance is revoked, the Plaintiff is obligated to return the said money and delay damages to the Defendant National Freight Trucking Association. However, the Defendants’ appeal did not accept, thus, the Defendant National Freight Trucking Association’s application for provisional payments cannot be accepted.

3. If so, the judgment of the first instance is legitimate, and all appeals by the Defendants are dismissed.

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