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(영문) 대전고등법원 2017.05.26 2016나14797
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant)’s appeal and incidental appeal by the Defendant (Counterclaim Plaintiff) are dismissed, respectively.

2. Costs of appeal.

Reasons

1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The loan column in attached Form 12 shall be the loan column in attached Form 3 of the judgment of the first instance court.

The "attached Form No. 3 and No. 4 of the first instance court's decision" shall be deemed to be "the plaintiff's payment column in attached Form No. 4" as "the plaintiff's payment column in attached Form 4."

Part 5, No. 3 and No. 4 of the decision of the first instance court are as follows: "No. 5 and the result of the plaintiff's personal examination" are as "No. 5 and the result of the plaintiff's personal examination of the first instance court."

Part 5 of the judgment of the first instance court "F of witness F, each testimony of G, the result of the original and the defendant's personal examination" in Part 15 of the judgment of the first instance court is "F of the first instance court witness F, G's testimony, and the result of the original and the defendant's personal examination."

The testimony of the witness F in the second part of the judgment of the court of first instance shall be "the testimony of the witness F" in the second part of the judgment of the court of first instance.

The testimony of the witness G in the 6th and 5th of the judgment of the first instance court shall be considered as "the testimony of the witness G in the first instance trial".

The witness K's testimony in Part 7 of the judgment of the first instance court shall be "K's testimony".

The testimony of the witness C and D in Part 7 of the judgment of the first instance court shall be "each testimony of the first instance court C and D".

"E, F, G, and L testimony" in Part 8 of the Decision of the first instance court shall be "E, F, G, and L".

The phrase "as shown in the attached Table 13" in attached Form 9 of the judgment of the court of first instance shall be read as "as shown in the attached Table".

2. In conclusion, the plaintiff's claim of this case is justified within the extent of the above recognition, and the remaining claim is dismissed as it is without merit. The defendant's counterclaim of this case is accepted within the extent of the above recognition with merit, and the remaining claim is dismissed as it is without merit. The court of first instance.

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