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(영문) 서울중앙지방법원 2018.06.07 2017나46587
정산금 청구
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 ground for appeal by the plaintiff as to the judgment of the court of first instance is not significantly different from the argument by the court of first instance. The fact-finding and judgment by the court of first instance are justified even if the evidence No. 13-5, No. 10, No. 11-1, No. 2, No. 12, No. 13-1, No. 13-2, No. 14, No. 14, No. 14 of the evidence No. 13-1, No. 2, and No. 14 of the evidence duly adopted and investigated by the court of first instance were

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as is by the main text of Article 420 of the Civil Procedure Act.

2. If so, the plaintiff is obligated to pay to the defendant the amount of KRW 50,00,00 and damages for delay at the rate of KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 10, 2016 to the date of delivery of a copy of the counterclaim of this case for which the defendant demanded repayment. Thus, the defendant's counterclaim is justified, and the plaintiff's claim for counterclaim is dismissed. The judgment of the court of first instance is just in conclusion, and all appeals against the plaintiff's main claim of this case and counterclaim of this case are dismissed as it is without merit. It is so decided as per Disposition.

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