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(영문) 서울고등법원 2015.01.21 2014나2015260
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The main office of this case is dismissed.

B. The plaintiff (Counterclaim defendant) is a counterclaim.

Reasons

1. The basic facts;

2. A. Determination as to the principal claim:

B.1) The reasons for the court’s explanation on this part are as follows. As such, the reasons for the judgment of the court of first instance are as stated in the corresponding part of the judgment, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. From the sixth to the sixth Judgment of the court of first instance, the term “the right to be preserved” shall be deemed as “execution bond”, and on the seventh to nine-10 (hereinafter “instant agreement”) the term “instant agreement” shall be deemed as “this case’s agreement,” and the term “this case’s agreement” shall be deemed as “four (4),” and the term “from the nine (9) to the last two (8) acts shall be deemed as “the Defendant acquired the above 1,362,560,671 won on the premise that the Defendant fulfilled its opposing obligation of this case,” the sum of the rent paid to the Defendant for unjust enrichment of KRW 10,700,000,000,000,000,000 won, KRW 1819.

2) Determination A) On May 24, 2012, the Plaintiff and the Defendant drafted the instant agreement (Evidence 1 of the Plaintiff’s Agreed Terms and Conditions, and Paragraph 7 of the Defendant’s Agreed Terms and Conditions) to the effect that “if there are disputes other than these agreed Terms and Conditions, all civil, criminal, administrative, accusation, civil, filing of a complaint, filing of an objection, or filing of an objection, etc., shall not be conducted if any, and if any, if any, shall pay damages to the other party as damages, the other party shall be paid as damages.”

However, the above facts and evidence Nos. 17, 19 through 28, and B.

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