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(영문) 수원지방법원 2019.11.28 2018나78602
자동차인도 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be all assessed against the principal lawsuit and counterclaim.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows: (a) the Defendant’s claim was dismissed; (b) the Defendant’s appeal (Supreme Court Decision 2018Da238261); (c) however, the Defendant’s appeal was dismissed on September 13, 2018 and the judgment of the appellate court became final and conclusive on September 13, 2018; and (d) the Defendant’s appeal is deemed difficult to be clearly proven on the 4th 18th 18th 18th m.; and (e) the Defendant’s appeal is identical to that of the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

(2) The defendant's appeal in this case is not significantly different from the argument in the court of first instance, and the fact-finding and decision in the court of first instance are justified even if the evidence submitted in the court of first instance was presented in the evidence adopted in the court of first instance). 2. The conclusion is that the plaintiff's claim in the main lawsuit is reasonable, and the defendant's counterclaim is justified, and the defendant's counterclaim is dismissed. The judgment in the court of first instance is just and the defendant's appeal is without merit,

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