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(영문) 서울중앙지방법원 2017.07.19 2016나65406
손해배상(기)
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 grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and each evidence submitted to the court of first instance is presented to the court of first instance, and the facts established by the court of first instance and the judgment of the court of first instance are recognized as legitimate if the records of evidence No. 12-1, No. 2, No. 3, and No. 8 submitted to this court and the response to the order to submit financial transaction information

Accordingly, 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 in accordance with the main sentence of Article 420 of the Civil Procedure

2. If so, the plaintiff is obligated to pay damages for delay at the rate of 5% per annum under the Civil Act from May 13, 2016 to October 7, 2016, which is the date of delivery of a copy of the counterclaim of this case, as requested by the defendant, after the date of payment of damages for damages to the defendant, as well as at the rate of 15% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiff's counterclaim of this case shall be accepted within the scope of the above recognition, and the plaintiff's main claim and the defendant's remainder of the counter-claim of this case shall be dismissed as it is justifiable in the conclusion of the judgment of the first instance, and the plaintiff's appeal shall be dismissed as it is all without merit.

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