(영문) 수원지방법원 2018.10.31 2017나87302

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.10.31 2017나87302

채무부존재확인

Text

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

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning for the court’s explanation as to this case is as follows, except for the addition of “the part to be used or added” as stated below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A part of the first instance court's 3th judgment of the court of first instance, "Einq50 automobiles" in Section 7 of the 7th judgment of the court of first instance shall be written with "Plaintiff vehicle".

In Part 4 of the decision of the first instance court, the "this accident" in Part 8 of the decision of the first instance shall be deleted in addition to the plaintiff's negligence, and it shall be written in Part 10, "I argue that there is a violation of it".

Part V "(2) of the first instance judgment" shall be added to the "(2) daily income" next to the "(2) daily income."

Part 5 of the judgment of the first instance court is "1,178,673 won" adjacent to the "1,178,673 won," and the same shall apply to the following:

In addition, “the 6th sentence of the first instance judgment shall be corrected “the 6th sentence” to “the 6th sentence.” The 6th sentence of the first instance judgment, “The 6th sentence stating that the Plaintiff should offset the Plaintiff’s damages by the ratio of negligence”, “The Plaintiff’s damages should be reduced by the amount above or that the Plaintiff’s responsibility should be reduced by a certain ratio.”

3. The conclusion is that the plaintiff's principal lawsuit and the defendant's counterclaim are justified within the scope of each recognition, and each other's principal lawsuit and counterclaim are dismissed without merit. The judgment of the court of first instance is just in conclusion, and all appeals against the plaintiff's principal lawsuit and counterclaim are dismissed. It is so decided as per Disposition by the assent of all.

참조조문

-민사소송법 제420조

유사 판례

-서울고등법원 2018.04.24 2018나2003807

-광주지방법원 2017.01.20 2015나11416

-서울고등법원 2017.11.24 2017나2021358

-서울고등법원 2016.07.22 2015나2069578

-서울고등법원 2016.04.08 2015나2037502