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Plaintiff, Appellant
Seoul Law Firm
Defendant, appellant and appellant
Dad Social Welfare Foundation (Law Firm Support, Attorney Lee Dong-hoon, Counsel for defendant-appellant)
Conclusion of Pleadings
June 15, 2017
The first instance judgment
Seoul Southern District Court Decision 2016Da26611 Decided April 11, 2017
Text
1. The defendant's appeal is dismissed.
2. The appeal cost (including the application cost for the return of provisional payments) shall be borne by the Defendant.
Purport of claim, purport of appeal, and purport of application for the return of provisional payment
1. Purport of claim
The defendant shall pay to the plaintiff 124,603,00 won with 15% interest per annum from the day after the delivery of a copy of the complaint of this case to the day of complete payment.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
3. Purport of request for the return of provisional payments
The plaintiff shall pay to the defendant 138,787,259 won with 5% interest per annum from April 14, 2017 to the date of this judgment and 15% interest per annum from the next day to the date of full payment.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of this court's explanation concerning this case is as follows: the plaintiff of the first instance court's 8th, 10, 5th, and 7th, "the plaintiff" of the first instance court's 8th, 10th, 5th, and 7th, "the last instance of the case", and the second instance court's 19 through 22th, which lack to recognize the defendant's assertion as the evidence additionally submitted in the court's trial, are the same as the reasoning of the first instance court's judgment, and thus, they are cited in accordance with the main sentence of
2. Conclusion
Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed on the grounds of its reasoning, and it is so decided as per Disposition (as long as the judgment of the court of first instance is maintained by dismissal of the defendant's appeal and the judgment of the court of first instance, it is not separately decided as to the defendant'
Judges Jeong Chang-jin (Presiding Judge)