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(영문) 서울남부지방법원 2015.02.06 2014나7419
건물명도 등
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.

Reasons

1. The reasoning for the court’s explanation of this part of the judgment on the claim is as stated in the reasoning of the judgment of the court of first instance (However, “Defendant B” and “Defendant C” in its contents are different from “Defendant B” and “Defendant C” as “Codefendant C of the court of first instance”), and they are cited in accordance with the main text of Article 420 of the Civil Procedure Act.

2. The Defendant alleged that the Plaintiff agreed to pay KRW 7,00,000 to the Defendant on December 26, 2013, but there is no evidence to acknowledge this, and thus, the Defendant’s counterclaim claim is without merit.

3. In conclusion, the plaintiff's claim of the principal lawsuit shall be accepted as reasonable, and the defendant's claim of the counterclaim raised in the trial of the court shall be dismissed as without merit. The judgment of the court of first instance on the principal lawsuit shall be justified and the defendant's appeal shall be dismissed. It is so decided as per Disposition.

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