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(영문) 창원지방법원 2015.04.01 2014나7869
약정금
Text

1. The Defendant-Counterclaim Plaintiff’s appeal against the instant principal lawsuit and counterclaim and the Defendant-Counterclaim Plaintiff’s extension from the trial.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the judgment of the court of first instance, except for the case where the defendant determines a counterclaim extended in the trial of the court of first instance as stated in the following Paragraph 2. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420

2.Nos. 5 and 8 of the first instance judgment, the following shall be added:

C) From August 19, 201 to March 12, 2012, the Plaintiff’s general repair expenses of KRW 5,787,490, and KRW 1,736,247, which were received from the Plaintiff from August 19, 2011 to May 4, 2012, the following details are added as follows: (a) from August 19, 2011, the Plaintiff’s exemption amount of KRW 1,970,00 and the amount of comparative negligence charges of KRW 1,363,145, the sum of KRW 30,333,145, and KRW 99,942, the first instance judgment of KRW 7,16.

From August 19, 201 to March 12, 2012, the Defendant asserts that the Plaintiff should pay the Defendant’s share of KRW 2,736,189 ( KRW 1,736,247,99,942), among the total sum of KRW 5,787,490, and KRW 3,333,145, and KRW 9,120,635, which was paid with the exemption from the repair vehicle and the comparative negligence charges, from August 19, 2011 to May 4, 2012. However, there is no evidence to acknowledge otherwise.

3. The plaintiff's claim of the principal lawsuit is accepted within the scope of the above recognition, and the remainder of the principal lawsuit and the defendant's counterclaim are dismissed as it is without merit. The judgment of the court of first instance on the principal lawsuit and the counterclaim is just in conclusion, and the defendant's claim of the counterclaim extended in the trial and the court of first instance are all dismissed as it is without merit. It is so decided as per Disposition.

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