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(영문) 청주지방법원 2019.12.20 2019나11853
정산금청구
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning for the court’s explanation on this case is as stated in the reasoning of the judgment of the court of first instance, except where the Plaintiff cited the judgment of the court of first instance and the allegations in the first instance are significantly different from the contents claimed in this court. The reason for the court’s explanation on this case is as follows: “H” 5 of the third first instance judgment and “H” 5,293,899 won (including the portion as “K”) 8 of the 10 first instance judgment as “5,293,89 won” and “5,299 won,” and it is as stated in the reasoning of the judgment of the court of first instance. Thus, it is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act [On the other hand, the Defendant claimed for the payment of damages for delay from the date following the delivery of a duplicate of the counterclaim (on November 10, 2016) at the court of first instance.

Therefore, the part of the judgment of the court of first instance is partially unfair, but as long as only the plaintiff appealed, it cannot be changed to the disadvantage of the plaintiff in accordance with the principle of prohibition of disadvantageous change. Therefore, the judgment of the court of first instance on this part

2.2. The plaintiff's main claim is dismissed as it is without merit, and the defendant's counterclaim is justified within the above scope of recognition and the remaining claim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion. Thus, the appeal as to the plaintiff's main claim and counterclaim is dismissed as it is without merit. It is so decided as per Disposition.

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