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(영문) 부산고등법원 2016.11.16 2016나51309
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment as to the Plaintiff’s assertion as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Decision] The Plaintiff asserts that the Plaintiff’s declaration of intent to bring an action in this case was made by the Defendant’s coercion, and that the Plaintiff’s declaration of intent to bring an action in this case was cancelled with a preparatory document as of October 13, 2016, so the agreement in this case lost its validity. The result of this court’s examination on the representative director of the Plaintiff in this case is insufficient to recognize that the declaration of intent to bring an action in this case was made by the Defendant’s coercion, and there is no other evidence to acknowledge it otherwise. The Plaintiff’s assertion is without merit.”

2. The decision of the court of first instance is unlawful and dismissed, and the decision of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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