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(영문) 서울고등법원 2019.11.14 2018나2057163
손해배상(기)
Text

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

2. The costs of appeal shall be individually counted.

Reasons

1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is as follows, except for the determination of addition to the claim of the principal lawsuit, and thus, it is consistent with the reasoning of the judgment of the court of first instance.

(A) In light of the same circumstances as indicated in the reasoning of the judgment of the court of first instance, which determined the addition of the claim of this case on February 2, 198, the amount of remittance of this case is insufficient to be recognized as a loan to the association or the defendant of this case, in full view of all the evidence submitted to the court of first instance and the evidence additionally submitted to this court. It is insufficient to acknowledge that the association or the defendant of this case obtained a profit equivalent to the amount of remittance of this case from the plaintiff without any legal ground and suffered a loss to the plaintiff. There is no evidence to acknowledge otherwise.

(1) The court of first instance is justifiable in conclusion on March 3, 200. Thus, the appeal against the plaintiff's principal lawsuit and appeal against the defendant's counterclaim are dismissed as it is without merit. It is so decided as per Disposition by the assent of all.

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