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(영문) 광주고등법원 (전주) 2018.12.06 2018나10796
청구이의
Text

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

The defendant's 1 Military Branch of Jeonju District Court for the plaintiff A.

Reasons

1. The reasons for this part of the judgment of the court concerning the basic facts, the parties' assertion, and the defendant's main defense are as follows, and the reasons for this part are the same as the reasons for the judgment of the court of first instance, except in cases where the court renders or adds them as follows. Thus, they are cited pursuant to the main sentence of Article 420

◎ 제1심 판결 3쪽 11행 중 “망 G”는 『망 F』로 고친다.

◎ 제1심 판결 4쪽 4행 중 “2005. 11. 15.”은 『2005. 11. 16.』로 고친다.

◎ 제1심 판결 4쪽 20행 아래에 다음과 같이 추가한다.

3) The Defendant, with the instant judgment claim as the execution bond, was subject to compulsory execution against the wage claim held by the Plaintiff A against Ysan-si as the Jeonju District Court Branch of 2010 Tasan-si, and was paid KRW 127,36,569 in total from July 20, 2010 to October 19, 2018 as shown in attached Table 1, as shown in attached hereto 1.

』 ◎ 제1심 판결 4쪽 21행부터 5쪽 2행까지를 다음과 같이 고친다. 『[인정 근거] 일부 다툼 없는 사실, 갑 제1 내지 4, 8 내지 12, 22, 24호증(가지번호 포함), 을 제11, 14호증의 각 기재, 이 법원의 익산시에 대한 2018. 9. 3.자 사실조회 결과, 변론 전체의 취지

2. Judgment on the merits

A. Grounds for this part of the judgment of the court of first instance concerning the claim for the completion of extinctive prescription and the claim for abuse of rights

(a).

Since it is the same as the entry in a claim, it is cited by the main sentence of Article 420 of the Civil Procedure Act as it is.

(The grounds for appeal by the plaintiffs are not significantly different from the allegations in the first instance court, and according to the evidence duly adopted and examined by the court of first instance, the findings and judgment of the first instance are justifiable).

The quasi-joint and several liability relationship between the instant judgment payment claim and the instant conciliation claim is an independent obligation arising out of different causes, but has the same economic purpose and overlaps.

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